Investment Agreement Over Email to gain others Finance Investment Agreement Over Email to gain others Finance

2 years ago

Hi Team, I made a Lending Agreement with a Person [Educated from IIM], over email, where we signed it using Photograph of Our Signature [PDF Agreement]. As per the agreement, he is supposed to give a fixed interest till I asked for my principal back. The total Lending Amount is more than 35L. Also I have records of multiple emails and Bank transactions records. My question is, if he creates a problem while giving the Principal Back, what are my options. Does it fall under Section 420, IPC, where Perpetuator falsifies on a Written Agreement to gain somebody`s finance? Please Advice. With Good Advice, I will go ahead with a consultation call as well. Also at what city, I will file the case if needed, at victim`s city or the Perpetuator`s city? Thanks in Advance. Place: Ahmedabad.

Vaidehi Samant

Responded 2 years ago

A.Keeping PDC is good option as security but it depends upon whether you and the concerned person have kept any physical contact or things are completely taking place online and such terms are usually specified in the agreement and should be included and also clauses pertaining to disputes and where and how action will be initiated in case of dispute etc.
Thank you.
If you have found the answer helpful than please provide review and give ***** as appreciation.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir,
First find out whether you are doing legal business by taking money lending licenses or other required licenses as may be prescribed by State Government and RBI. Further, it is better to take blank signed cheques to secure return of your principal amount and interest thereon.

Rate me Five Star*
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Dear Client,

An Agreement is a promise between two entities creating mutual obligations by law. Contracts executed through electronic methods, such as WhatsApp, SMS, or email are valid and binding in India, as long as such contracts fulfil the requirements under the Indian Contract Act. In this case, the mails can be proved in the court of law. You can also pursue a criminal case if so is required.

Thank you!
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.Agreement need not only be in writing and can be made orally too but the challenge lies in how do we prove that in the court of law. In your case there are so many mails and communication exchanges apart from the soft copy signed agreement.
It will be abit difficult but not impossible to prove that in the court of law and a good lawyer can do so easily.
Yes in case of something going wrong you can file criminal case too.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconRegarding surity and stay of execution
Dear sir, You have to implead yourself as a party in the pending case if any otherwise file separate case to discharge you from suretyship.
question iconRecovering Loan given to a Friend
Dear sir As cheques are undated you can file cheque bounce case which is financially feasibly and you need not pay any court fees.
question iconCredit card payment
Dear Client, You can try to negotiate a debt settlement with the Bank on your own if your pocket permits to repay the entire outstanding of your credit cards at a time for a one-time settlement of du...
question iconJoint account Chaque with minor signature only
Dear Sir, Please check whether cheque is acceptable with the signature of minor normally it is not acceptable. Please get an endorsement from the Bank and then get issue a legal notice as provided und...
question iconCheque and pronote
Dear Sir, You have done a blunder mistake. However, you may approach the Police and lodge a complaint of cheating for not returning your cheque leafs and pronotes. Even if no action is taken by the Po...
Read Blogs on Debt and Lending Agreement