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Madhav   04 January 2019

Promissory note expired and he is not accepting to pay money

Hi sir, we given money to a person and he written promissory, unfortunately as my uncle didn�t check the date as he is uneducated and also the borrower saying we will give money in a month whenever we asked. Now It is 3 year 3 months from the date of writing. Is there any way to go legal against him to get back my uncles money.


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 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 January 2019

If a lender did not sue on the promissory note within six years of the date of the loan, the claim was barred by the Limitation Act. Six years was the applicable limitation period. However, the same was not so for promissory notes for contingent loans

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 January 2019

In any case the suit must be filed before the expiration of the limitation period which is three years for a pro note (in India excluding J&K state where it is 6 yrs).

G.L.N. Prasad (Retired employee.)     05 January 2019

If there are dated repayments duly incorporated in the loan, it amounts to acknowledgment of a debt and the limitation period of 3 years counts from that date of repayment with such dated signature.  Even otherwise, if there is a commitment in writing stating such promissory note date, the limitation commences from date of such acknowledgment of debt.


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