Community › Forums › Legal Advice India › Cheating relatives
- This topic has 5 replies, 2 voices, and was last updated 1 year, 3 months ago by
Cleversajal8453.
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FFierceomkar4898
PARTICIPANT
March 6, 2025 at 4:41 pmThis is a classic example of relatives cheating an innocent person.. My father gave 4 lakh rupees through bank transfer to his elder sister (who needed that money for some medical expenses) in promise of a piece of land. They had that land under loan and promised to create an agreement for the land’s sale after that loan is cleared. Its been 10 years since then.. We were settled in a different state and upon asking they kept on saying that they couldn’t clear their loan dues.I KNOW IT WAS TOTALLY FOOLISH BUT MY FATHER TRUSTED THEM BLINDLY and generally is very helpful towards all family members.
Now after 10 years, all of a sudden they said their dues are cleared but they refuse to give us the promised land saying their children are refusing.
They say we will return the 4 lakh rupees in some time. But no clear response.. My mother got severly ill after hearing this..We asked them to give atleast some additional amount so it won’t be a total loss for us and they simply laughed it off saying atleast let us see abt the capital first then the interest..
I am disgusted by the absolute fraud that they did on my parents’ trust and love for them.(Apart from this,, we have numerous times helped them financially which i don’t even remember)..
Sadly I know my disadvantage of less proofs..I just have the old bank statement of the original transaction done as a proof.I don’t think they intend to repay us. I am willing to go to any extent to get my money back with a reasonable interest added… Guys please please advise me what ways can i get my money back.. -
CCleversajal8453
PARTICIPANT
March 6, 2025 at 5:32 pmIn case of a bank transfer, you would have ample proof so recovery should not be much of a problem, however considering the time period I would advise you to move early as limitation (time in which you must demand the money back) may become a problem.
Send them a legal notice, and if they fail to give you the money or deny the debt then you should be able to file a summary suit for recovery of the debt, you would also be entitled to interest from the date of filing of the case.
Unfortunately, you can’t get interest for the time period before filing of the case, as generally only banks, NBFCs and licenced money lenders can charge interest.
As for the question of the land, unless this was a written agreement it will be very difficult to prove, so would not recommend filing a case for it.
Hope this helps-
FFierceomkar4898
OP
March 6, 2025 at 5:41 pmCan i accuse them of fraud or cheating criminal acts?. And right now my mother has fallen ill due toh this news ans she is recovering slowly.. Doctors have advised to not let her go thru any stress.. So im thinking of waiting a few months or an year before beginning the legal proceedings. Im thinking of speaking to them once with clarity stating the money that i want back and then give them some time..
Do you have any idea on the time limitation for such money recovery cases within which we can file case?-
CCleversajal8453
PARTICIPANT
March 6, 2025 at 5:54 pmConsidering the time frame and the fact that you are family I would not recommend criminal proceedings.
Limitation is generally 3 years from the date on which the party refuses to return the money, but there are a lot of technicalities involved.
Would recommend you contact a good civil lawyer in your area and proceed systematically.-
FFierceomkar4898
OP
March 6, 2025 at 6:02 pmThanks man for the advice… Appreciate it-
CCleversajal8453
PARTICIPANT
March 7, 2025 at 1:50 amYou’re welcome
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