recovery of money suite
2 years ago
in have gave 40000 cash to relatives and sign promissory note not on a stamp paper normal draft peace of paper and sign it. i have few voice recordings of him. what to do next
Sidhaarth
Responded 2 years ago
A.Get issued legal notice demanding your money back with interest and thereafter file suit for recovery.
Helpful
Helpful
Share
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.It can be submitted as proof for recovery suit.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
A promissory note that is not on stamp paper and is not notarized is not valid but it will help in proving that there was a loan given and that there was an intention on the part of the other party to give back the borrowed sum.
If you find this answer helpful please rate my answer. Thank You.
A promissory note that is not on stamp paper and is not notarized is not valid but it will help in proving that there was a loan given and that there was an intention on the part of the other party to give back the borrowed sum.
If you find this answer helpful please rate my answer. Thank You.
Helpful
Helpful
Share
A.Hi,
As per the Indian Contract Act, a contract can be termed valid if all essentials are proven. If you could prove that the amount is given as a loan and not a gift then the courts will consider it and provide you remedy since mostly in family relations people do not make contracts or sign documents while giving loans to family and friends. You will have to prove that you have given a loan amount the promissory note will help along with recordings since the note is not valid as it is not stamped.
If you find this answer helpful please rate my answer. Thank You.
As per the Indian Contract Act, a contract can be termed valid if all essentials are proven. If you could prove that the amount is given as a loan and not a gift then the courts will consider it and provide you remedy since mostly in family relations people do not make contracts or sign documents while giving loans to family and friends. You will have to prove that you have given a loan amount the promissory note will help along with recordings since the note is not valid as it is not stamped.
If you find this answer helpful please rate my answer. Thank You.
Helpful
Helpful
Share
Rishi Vaishnav
Responded 2 years ago
A.You have enough proof to file a money recovery suit. But I'll advise you to go before pre litigation case before ADR center of your city. ADR mean Alternate Dispute Resolution.
Helpful
Helpful
Share
Read Related Answers
Street parking in residential colony
Dear Client,
Try to resolve the matter among yourself. Firstly if its an apartment try to complaint to the apartment authorities . Harassment per se would not be a valid ground apt to the scenario, Y...
Work money not paid
Dear Client,
This is a very tricky situation. Technically speaking there must have been a documentation of you resuming work after your first email and you continuing working there makes it unofficia...
Common wall
Dear Client,
Firstly please bring it to the notice of the apartment association if you live it in an apartment. Secondly communicate with your neighbours and learn as to what work is being done and...
Property joint way issue
Dear Client,
Given the situation, you need to adhere to the Schedule of the property as mentioned in the Sale Deed. In the query, you mentioned that the actual passage of all properties is 7 feet. In...
Varsai & will
Dear Client,
The wife of the deceased husband is not entitled to his ancestral property. According to Hindu Succession Act, only the coparceners of a Hindu joint family are entitled to inherit ancest...
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
