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raman (private)     07 August 2012

Recovery from daughter by father

Father had given 10 lak amt to his daughter which she used to buy property having value of 5 cr. now. This was

given as a loan in 2000 and more in 2004 for registration etc. No loan agreement was signed. Trail can be established meaning this money was used for the purpose of property only. Property was bought 100% from this money. Her own contribution was zero.

Now she is harrasing him for more money. Can father in this case file a suit for recovery esp. when she has huge assets and father a seniour citizen and needs money?



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     07 August 2012

Prima facie its a time barred debt unless there is a contract to the effect as to when the debt was repayable and that falls within limitation. If the father is unable to maintain himself comfortably out of his own income, he can seek maintainance from his daughter under s. 125 crpc.

raman (private)     07 August 2012

Does it mean if it was not time barred, he could file a suit even without a formal loan agreement?

Adv Archana Deshmukh (Practicing Advocate)     07 August 2012

If he could prove the loan transaction by oral agreement then the claim would have been valid, but the oral agreement needs to be PROVED in the court of law which becomes sometimes quite difficult compared to when the agreement is in writing.


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