I lent ₹7,00,000 in cash to this individual.
As acknowledgment, he gave me a cheque (which I still hold) for the full amount.
Later, I also issued a legal notice to him demanding repayment.
In response, about two weeks before his death, he sent me a WhatsApp message, acknowledging the debt and requesting not to proceed legally. This message clearly shows he owed me the money and intended to repay it.
Unfortunately, he passed away recently while still in service.He is survived by two daughters:One daughter already has Canadian PR and lives abroad. The second daughter’s PR application is in progress.They both came to India for the last rites and are fully aware of the debt.
While they are not denying it directly, they keep telling us to wait for 6 months until all formalities like death certificate, pension, PF, and other retirement benefits are settled.
From their behavior, I strongly believe they are, Trying to complete all formalities, get their father’s assets, and leave for Canada without settling dues.Once they leave India, I fear it will become nearly impossible to recover the money.
Evidence :
The original cheque issued by the deceased.
A legal notice already served to him (before his death).
A WhatsApp message from the deceased, acknowledging the loan and promising repayment.
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How can I stop or delay the transfer of his retirement benefits (PF, gratuity, pension, etc.) until my dues are cleared?
Can I request an interim injunction or file an objection with the treasury or education department?
If they leave India, can this case impact their PR status or be taken up with Canadian immigration?
How strong is my case considering the cash loan, but with strong written acknowledgment (WhatsApp and cheque)?
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I would appreciate expert guidance on how to proceed fast—especially since time is crucial in this matter. Thank you in advance for your help.
