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MMy mother-in-law lent four sovereigns of gold to her friend to help cover the costs of a visa application and other expenses for a trip to Dubai. A year later, my mother-in-law was diagnosed with stage four cancer and passed away six months after that. Her friend never contacted us to check on her. Two years later, my wife asked for the gold’s return, and the friend promised to return it but has repeatedly delayed doing so. Now, she has been verbally abusive and dismissive. We only have WhatsApp messages and voice notes as proof. Could we take any legal action?
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BLawyer here, based in Delhi. Yes, legal action is possible in this situation. Even though the loan was informal, the fact that the gold was given and later acknowledged by the friend through WhatsApp messages and voice notes creates a valid civil claim.
Your wife, as the legal heir of her mother, has the right to seek recovery of the gold. The first step would be to send a legal notice demanding its return within a reasonable time. If that does not work, she can file a civil suit for recovery.
Depending on the circumstances, it may also be possible to file a criminal complaint for breach of trust or cheating, especially if it appears that the friend never intended to return the gold.
Make sure to preserve all the WhatsApp messages and voice notes safely. These will be important pieces of evidence. A local lawyer can guide you on whether to proceed civilly, criminally, or both.
If the abusive behaviour crosses the line into threats or harassment, that too can be dealt with separately under the law.
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PWho would give their asset for others luxury , I understand in a do or die situation , but for luxury ? It’s sad how people learn their lesson when at worst , most of us are through it , be cautious going forward !! Good luck getting that back
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