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SSo few years back ( in arround 2019-20) When we started the renovation work for our house so, My masi (mother’s sister)asked my mom to help her to construct the roof of her house, So my mom spent around 1.5 lakh rupees from her own money to build the roof of her (my mossi) roof.
But there was no written agreement, only a verbal understanding within the family.When we asked for the money back my maasi refused. We complained to the police twice about this incident but nothing happened.
Then suddenly yesterday, She and her Son, daughter, son in law and some other 4 unknown ppl came and knocked the door, My mom asked for the money so they all started arguing and abusing verbally, The argument goes on and they told if you don’t open I’ll break the lock, So my mom called the police (112) two constable came nothing happened they just listened and asked to go to the police station, we went there gave written complaint, they also gave the complaint as they were also present there in police station.And the next day (Today), She again come with the police (One SI and one constable) and Argument started again, They forced us to open the lock we had put on the property. After that, she locked the door herself, took the key, and the police just watched.
The police told us to come to the police station “thana” to settle the matter and you’ll be given in hand written by her, that she will return the money.
When we immediately reached there but no one was present, we waited for too long asked for several times but no response about that.
They tricked us.
Now she is openly saying, “I will not return any money,” and the police said, “If she has no money, what will you do huh?”We have no written proof, but many neighbors know verbally what happened.
My mom is so stupid that she trust her anyone as now I’ve to deal with such issues for no reason at all like police thana and all.
I feel so hopeless and helpless.
Is there any way to take action legally without a written agreement?
And complaining to SP will help in this matter as police seems biased and taking favor of her, and I’m damn sure they were bribe for sure. Or Taking this matter to court will give any justice? Is there any hope?
Please help me!!!
Any advice or guidance would be appreciated. -
USorry but police in this case is not acting biased but doing what they supposed to do . You cannot put lock on someone’s property, you cannot deny them access without a court decree.. this is dispute of civil nature , you have to file money recovery suit for money lent by mom .
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SOh yeah right, but today after the argument police asked us to come to police station and they said, I’ll provide in hand written by her, that amount will be given to you, just come to thana but no one was there, So i doubt and also my mom doesn’t have any written proof of that certain amount of money has given to her sister. How will she proof in court or on what basis she can file a suit? Pls acknowledge me if I’m wrong in this matter.
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UThey may have said that just to diffuse the situation and rehabilitate true owner to their property. possible they have taken B.r.I.BE. from aur Aunt to do the job , but still what they did cannot be legally challenged , written proof is better but verbal promises are equally binding on the party as in such cases court try to draw inferences from the surrounding circumstances, you can give some bank withdrawal or some witnesses to testify in court but problem is since time limitation to file such cuit is just 3 years from money lent , so better is to contact some local advocate and he/she can guide you what is most viable step for you. They may also advice you file a criminal complaint case for breach of trust and some other section , to pile pressure on ur aunt and her family.
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MHi,
I’m sorry to hear about the situation you’re facing. In family relations, these things can be quite common, so try not to let it disturb you too much. Escalating the issue to the SP might help mitigate your concerns, but it’s uncertain if it will resolve everything. Filing a case in civil court could be an option, though it’s often time-consuming and expensive.
I recommend gathering all material bills from the contractor and any payment proof you have. Also, having witnesses like your neighbors who are aware of the verbal agreement could be beneficial.
Stay strong and best of luck with this matter.
Take care.
**Advocate Rajeev K Jha**
Bangalore
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