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SHi,
Where is your wife based and where (which Police station ) is FIR lodged.
Are you an Indian or US citizen ?
Please document a list containing date and time and events, collect all evidence (in terms of Marriage, departure from India (immigration stamps), copy of your wife’s passport (if possible) and any other evidence or fact which will support your case.
SHi,Where are you based. This will need detailed study of the papers and only then action can be recommended. Do ping me if you want me to help.
SHi Advocate and ex-banker here.Your Bank will transfer the money to your account as a nominee after completion of necessary documents.
As a nominee, you are trustee of the funds received and she is entitled to 50% of the funds.
Yes once the amount enters your account and you gain interest from it or invest in the stock market (profit/loss) etc. will be used to calculate the tax burden at the end of the year.
I suggest you use a CA to guide you on this and once you stabilise your financial situation then you can plan ahead.
SDont be needlessly foolish and infatuated with a person. The next level of appeal should be the Local Complaints Committee (LCC) at the District Level in the place you work. If LCC decision does not satisfy you, you need to represent to the District Officer who has has the authority to review the case and take appropriate action. As a final level of escalation, the complainant can approach the court if they are not satisfied with the resolution provided by the ICC, LCC, or District Officer.If you really care for your health and sanity, as advised by others, move on and dont waste your time on escalating such complaints.
SNo harm in receiving.Keep it documented i.e.:
1) State the purpose of the loan (friendly loan)
2) Interest if charged @ ___%
3) Amount
4) Tenure (when you have to repay it and how many instalments)
5) Mode of remittance (RTGS)
6) That the amount he is sending is from a tax accounted account.I wrote all this because it is (1) good to have (2) will maintain good relation with your friend (3) Answer bank (they will definitely ask source of funds and purpose and will need it for RBI reporting purposes) and income tax queries.
Good luck.
SHi, Advocate (delhi based) here,
Based on your narrative, I will advise your father to file a Writ Petition in Delhi High Court and make Cyber Crime Police, GST Commissioner Telengana a party to the petition.
This is the fastest way to close it and all these government authorities are amenable to High Court direction. They will have to reply to court notice and then only your pain will go.
Rest if you want tailor made advice, you can ping me.SHi is this sabre rattling. Your lawyers are right. Only after a formal summons/notice you need to go to the PS. Till then keep calm – they cannot prove anything. Just make sure you dont have any drawings, or documents in your room and destroy them.SI think it can be done. Sec 65B certificate for authenticity of electronic evidence may need to be supplied alongsideSHi,I have a suggestion. Though I am a lawyer, things always dont work out the legal way. I will suggest you work out a EMI structure with your friend. Put everything on paper and a token interest to keep your childhood friendship in pic. Put in a three year repayment period. In the agreement, you can put in a clause stating that in case of default in repayment of EMIs, the entire loan becomes payable on demand. You can also have a provision for Security cheques (signed cheques with your name and his signature and in case of default you bank them and you can take him to court for cheque bouncing). If you structure the loan in to EMIs, the burden to repay everything in one go lessens on him and you keep getting your money back in easy instalments. Once the instalments flow in, put into SIPs in good equity MFs and let the money grow .
This agreement will hold you in good stead and help you recover the amount in a easier way.
Cheers
SThe moment you said 50l cash..you can forget it. Childhood friend will surgucally cut you off since you cannot report thus. Only tax paid friendly loans are recoverable…numerous judgements on this. So it is best to take a flat or property as security and get it registered in your name and ho to sleep.
