- This topic has 80 replies, 62 voices, and was last updated 1 year, 2 months ago by
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S**Location: Delhi, India**
About a year ago, a family friend asked me for a loan of ₹12 lakh, which I gave to him in cash. There was no written agreement or documentation at the time. Later, he repaid the full ₹12 lakh via bank transfer, and that was the end of it—or so I thought.
Now, after a year, he’s suddenly claiming that I owe him ₹12 lakh and is threatening to sue me if I don’t pay him back. This is the same amount he *returned* to me, which was the repayment of the original loan.
I’m confused and worried. I never owed him money in the first place—he borrowed from me, repaid the amount, and now he’s flipping the story.
What are my options here? Any legal advice or suggestions on how to handle this situation would be really appreciated.
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PDo you have whatsapp chats with you -wherein you asked him for money to be repaid ? that is proof enough. Sit tight dont worry. At the max you will have to declare this as part of your income for this financial year / tax year and pay tax on this
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DWell, technically, he has transferred money to you which has a trail. The money you gave him is in cash. He can ask for it back legally, but it will take years for him to prove that you borrowed money.
The fact that he has flipped the story means he isn’t someone to be trusted or for that matter, shouldn’t even be called a friend. Just block him and move on.
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ADo you have a banking and tax trail to show how you got the 12 lakh in cash ? Cash transactions over 2 Lakh are not permitted under Section 269ST. Though the penalty is on the payee not the payor, it will expose you to Income Tax scrutiny to explain the source of the cash.
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LOpen this treasury if it goes to court tomorrow. Open chats and calls, and how he arranged money of 12 lakhs.
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ANot just the other guy, OP will also have to explain the source of his 12 L. This is a lose lose situation for the family “friends” and a win for lawyers, CAs and ITD if the information comes before them.
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AOk , the whole story doesn’t add up, especially why he repaid you first if his intention was to cheat you.
Anyway, you have the cash back , so you don’t have to return it unless a court orders you to. Just be prepared for questions from Income Tax in addition to having to deal with the lawsuit . If you don’t have a record of having lent the money in cash, which is illegal, how will you prove that the 12L you got back in the bank is not undisclosed income ?
Consult an expeirnced CA for the tax implications and be prepared to hire a lawyer if he sues you.
It is a “he said , she said” situation. It will be decided on the relative strength of circumstantial evidence and both of you face tax scrutiny risks regardless.
There really is no good reason to do such a transaction in cash if it is white money involved.
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SI can explain the source of my cash, I do have the necessary trail and documentation. But I do not have any proof or record that I gave him the money in cash.
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AIf he sues you, the onus is on him to provide proof that the 12L he transferred to you was a loan. If he has bought a flat , he can be asked to explain the source of funds for that. If it emerges that he took 12L in cash , he faces a huge tax bill.
If he is really a family friend, try to get a mutually respected contact to mediate the matter.Both of you might lose from going to court if the facts are as you state.
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I1. Keep backups of your chats and any other evidence that might help establish your side of the story.
2. Just because he has transferred you the amount via bank transfer does not entirely prove that he loaned you the money. It is now a case of your word versus his, and as he is the accuser, the onus is on him to prove that it was a loan.
3. Where is his evidence to support the claim that this was a “loan with an understanding of repayment”?
Is there any promissory note or chat/call evidence where you asked him for the money?-
SNo, I did not, The only thing that I sent to him on whatsapp chat was the photo of a blank cheque. There is no call / chat where I asked him for the money.
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IThe photo of a cheque was not a wise thing to share; you should have shared your details in a better way. But even that might still not be enough for him he would need more to create a legitimate loan obligation.
Keep your chats handy. It’s always better to have an overwhelming defence than to depend on the accuser’s side being insufficient.
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SSupreme Court advocate here:
You don’t need to worry here. If your erstwhile friend claims that this money was not for a loan repayment, then he needs to prove the reason for which this payment was made; the burden of proof lies on him. Without any written agreements between the two of you, doing that is very difficult.
In the future, never pay money to anyone without a written agreement or promissory note.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
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MI’m not sure who to believe here—someone who says he handed over 12 lakh in cash without any proof, or the person who gained from the situation and now seems to be trying to use it as an opportunity to extract money.
Kahi tum to idea nahi lerahe reddit se ki loan leke boldu cash diya tha. It is hard to digest that you gave 12lac cash and did not keep any record.
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SIn this era who gives so much cash …unless they themselves hold lot of black money. Chori k maal mori mein.
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SIts not without any proof, we had talks over calls, and he used to be a very close friend, as good as family, never would have expected this from him. Also, if he had given me loan, then he would have also proper record in chat / call where he loaned me the money (but he doesn’t since we never had these talks); which means he never took the loan, he just repayed the amount back he owed me. Also the reason he wanted in cash becasue he wanted to buy a flat.
Also, when someone is this close, you never care to make record of proofs of any kind. A word is enough.
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R> Also, when someone is this close, you never care to make record of proofs of any kind. A word is enough.
How can you say this even now? When you’re the one who is massively screwed over by a “close someone”. Didn’t you learn your lesson?
A word is never enough. Probably for 25-50k. But definitely not for 12L.
Even close relatives who make such huge transactions sign an agreement confirming the loan and repayment terms.
Your friend doesn’t need proofs. He can claim that you met him personally and asked for a loan, sent him a photo of your cheque and so he transferred the amount. Now you’re making up stories to escape repaying it.
All the proof he needs is the transfer made to your bank account.
While you have virtually nothing. No emails, No Whatsapp chats, No cash trail. Just your word.
If he takes you to court (which I assure you he will since he has decided to screw you over) – you will not only have to prove that this money was a repayment. You will also have to prove the _source_ of the original 12L along with tax receipts for the money.
You’re for all intents and purposes pretty screwed in this matter, my friend.
Your only saving grace is that the law requires him to _prove_ that he lent you the money. However, you should be prepared to bear some legal fees now.
Play stupid games. Win stupid prizes.
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SYou are right. I messed up, learnt a lesson, but now I need a solution to get out of this mess. What has happened, I cannot change it. But I need to fix this problem I created and take care in the future. I need help now, I don’t need responses like “You are screwed”, “You made a mistake now pay for it”, “How foolish you could be ?” and all that.
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RSee, I understand you feel that way. But I had to say that to drive the point home because you still kept saying that you don’t need any documentation or proof when it’s a _close someone_. That’s textbook refusal to accept an error on your part.
That being said, as many others have pointed out – you have very little to worry about since the burden of proof is on your former friend to prove that the money was loaned to you.
I would however recommend you immediately take legal assistance. A lawyer will know what to do and can even guide you with any anticipatory measures against said friend.
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ASo true! Also in one of the comments to which OP has replied, he said that he doesn’t have any WhatsApp chats but only the texts where OP sent him the blank cheque photo so that the other person could apparently transfer the “borrowed money”.
How could you not have a single text message about other person borrowing money?
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SFirst of all, “Ex friend”.
I have no solution for you i am sorry.
But I would like to know about how you became friends with that scammer and for how long have you been friends with him?
Also, when you gave him in cash, why did you accept it back via bank transfer? Its common sense buddy, where was it?
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FI lent seven figures of 0 interest money to my cousin when he was in desperate need. But first, I made sure we had an agreement in place. It only cost us ₹100 for bond paper, ₹500 for notary fees, and 15 minutes of our time simple as that.
I don’t understand why people do such stupid things and lend money to idiots without any agreement.
#Rule1: If someone makes excuses, cracks jokes, tries to guilt trip you, or refuses to sign an agreement, they have no intention of ever paying you back. -
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SYour friend concocted an elaborate scheme to defraud you. They asked for the money in cash and fully intended to deposit a similar amount in your account through legitimate electronic banking channels. Then they planned to ask you to return that same amount and to threaten you with legal and other consequences. The net result would be that you would have been out of twice the original amount.
Here you are safe because your friend will not be able to explain why they electronically deposited such a large amount into your account. They have no legitimate evidence of having received a loan. However, do note that you may have to explain to IT the reason for the electronic deposit of this large sum.
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CStories like this are what makes me believe I made a correct decision in giving out some money to my own family ( dad and chacha) and got all of it documented on a notarized agreement that I’ve given them a loan at 0% for the sum. I may or may not ask for it back depending on my own future financial circumstances but I’ve seen close friends and family being burned by giving out money without any proof and I’m glad i had enough awareness to capture a notarized agreement and all the bank transactions (UPI/neft) from my account goes with a note: loan. That way all of it has trail.
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M12k cash dete wo bhi thik hai, but 12 lacs loan in cash (back in ~2023) without any trail or documentation just by word of mouth? sorry, but something does not add up.
Also, if your friend returned 12 lacs via bank transfer, how are you planning to show it in your IT? again, something doesn’t add up.
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C1. He is not your friend. He is a conman, a cheat and a low life.
2. Do you have any whatsapp messages, regular message of the whole payment to him and him agreeing to repay you?
3. Did you withdraw the money and pay him or was the cash lying with you? Have you disclosed it in the ITR? Can you give source of the cash if asked for? Or can you make up some legally valid story for having so much cash?
4. As others suggested, you may have some issues with the IT department.
5. Did he message you when he sent the money by bank transfer? Nobody randomly transfers 12 lakhs to someone.Don’t give in. He may try to give it a criminal angle. Involve a decent lawyer. Record all his calls and keep creating records denying everything. Get your other friends involved and ask them to get the truth out from him, if possible, record it. I am just thinking out loud what can be done…
Anyway good luck.
I am a lawyer.
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GWhat the hell geez. How can you loan such a huge amount without a third party witness? Nowadays when my parents have to loan even a few rs. I let them take video of the transaction, so that there is solid proof. Not once have we faced any problem in getting back the money because the other person knows we have evidence. Please be smarter from now on.
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KOn the contrary I think the OP is the scammer. He would have asked his friend to send him some money through bank. That friend would’ve sent the money. Now after sending the money this guy the original poster would have said a lie like “I won’t return the money. I’ll say this is the money you got in cash few years ago and you refunded it to me.”
Now that friend would have been shocked by this original poster’s lie and said he’ll file a case because he actually didn’t get anything in cash.
Now this scammer might be here to find some fraudulent ways to make up some evidences or proofs to fake it like he gave 12 lakhs in cash to his friend few years ago.
That might be one of the reasons here – to get ideas to create fake evidences.
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EAn advocate here.
From a legal standpoint, the burden of proof lies entirely on the person making the allegation. Since he’s claiming that you owe him ₹12 lakh, it is his responsibility to prove that such a debt exists. Given that there was no written agreement and the repayment from his side was made via a bank transfer, it clearly supports your version—that he had borrowed money and simply repaid it.
Also, do note that this would be a civil dispute, and initiating a civil suit is a long and burdensome process. He will be required to lead evidence to support his claim, and during trial, you’ll have the right to cross-examine him and challenge any documents or statements he submits.
In most cases like this, such threats are meant to intimidate. It’s unlikely he will go through with a suit unless he has substantial evidence, which, by your account, he doesn’t.
Most importantly, do not acknowledge or entertain his claims over calls, texts, WhatsApp, or any other medium. Any statement you make could be twisted and used against you. He may attempt to create evidence to support his false claim, so be cautious and keep your communications minimal and neutral.
You’re on solid legal ground, but if the harassment continues, consider sending him a legal notice to formally put him on record. -
EAn advocate here.
From a legal standpoint, the burden of proof lies entirely on the person making the allegation. Since he’s claiming that you owe him ₹12 lakh, it is his responsibility to prove that such a debt exists. Given that there was no written agreement and the repayment from his side was made via a bank transfer, it clearly supports your version—that he had borrowed money and simply repaid it.Also, do note that this would be a civil dispute, and initiating a civil suit is a long and burdensome process. He will be required to lead evidence to support his claim, and during trial, you’ll have the right to cross-examine him and challenge any documents or statements he submits.
In most cases like this, such threats are meant to intimidate. It’s unlikely he will go through with a suit unless he has substantial evidence, which—by your account—he doesn’t.
Most importantly, do not acknowledge or entertain his claims over calls, texts, WhatsApp, or any other medium. Any statement you make could be twisted and used against you. He may attempt to create evidence to support his false claim, so be cautious and keep your communications minimal and neutral.
If you need further help or guidance, feel free to message me.
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EAn advocate here.
From a legal standpoint, the burden of proof lies entirely on the person making the allegation. Since he’s claiming that you owe him ₹12 lakh, it is his responsibility to prove that such a debt exists. Given that there was no written agreement and the repayment from his side was made via bank transfer, it clearly supports your version—that he had borrowed money and repaid it.
Also, do note that this would be a civil dispute, and initiating a civil suit is a long and burdensome process. He will be required to lead evidence to support his claim, and you’ll have the full opportunity to cross-examine him and contest his version of events.
In most cases like this, such threats are merely pressure tactics. It’s unlikely he’ll actually proceed unless he believes he can fabricate evidence or coerce you into a settlement.
Most importantly, do not acknowledge or engage with his claims over texts, calls, WhatsApp, or any informal medium. Any such communication could be twisted and presented as evidence. He may attempt to create a paper trail or manipulate messages—so remain cautious, neutral, and avoid giving him any opportunity to build a false case.
If you need further help or guidance, feel free to message me.
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Pahahahahahaha this is a simple case where both you and your family friend has to show how the 12 lakh came to be. you lot are doing good by lawyers hahaha. this is literally the easiest money.
id suggest you counter sue your family friend again claiming the flat is yours since it was purchased with your money.
that will make the case interesting. and there can be one winner. there is even a little chance you get the flat if you do a war of attrition.
which i highly recommend. you need to set at least one example so other people know not to fuck with you. then you should tell this story in every family gathering.
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RU don’t have to worry , let him threaten or go legal . As long as There’s no written binding or legal paper from u to him or and no cheques from you to him . He cannot do anything to u . If u have any whatsapp msgs or or sms record of him taking cash 12 L From you , keep them handy . Maximin he can try going to a police station n try to get u settle in kangaroo court tactics .
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POP, this person is trying to con you especially if he knows how well you are off, considering he is close to you. Don’t give in to his rant. If it was a loan, ask him to prove it. If he is connected with the police he will try and pressurize you but dont give in. Don’t talk to anyone without a reliable lawyer on retainer.
Also, time to stop being so nice, word is enough and all Don’t matter to people anymore. -
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RAll of this is so sus. It’s not possible he does not have a single chat/msg related to the cash loan of 12L.
Honestly, to me it seems – OP is a conman who thought of looting 12L from a person. That is why he made sure to not discuss anything on the chat apart from sharing a picture of his cheque, so that the counterparty does not have any proof of lending him the money. And now maybe the other person told him he can file a case basis of cash transaction and OP is trying to take ideas from reddit on how to escape this situation. -
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EOk, so he does have the proof that he paid in your account Rs. 12 Lac…
Cause you requested it …
But, what were the terms of the repayment? He needs to come up with that … Also, legal standpoint wise … if he goes to the court he has to spend a good amount of time to get this approved in the eyes of the court.
Right now, you could may be get smart and record the calls prompting why are you doing this friendo … And all bollywood shit.
2ndly, you need to figure out how were you able to pay him in cash the 12 Lac rupees … Because the court would include Income tax as well
I would say get some people who know both of you are involved in this …
Last solution you have is … Declare Bankruptcy… Although its tough one …
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