Relative not returning money Relative not returning money

4 weeks ago

My wife's Sister's husband (Sadu) took Rs. 2.5 lakhs from me in January 2017 telling me that he will give me Rs 10,000 monthly till I tell him to stop & this monthly payment & get my the capital amount back .
Till now, he has not paid me anything.
Every time,He verbally says he will return the (deposit + incentives) soon in a month.
But till now ( after 7 years) he has not paid me any money, Instead he borrowed more money from me several times for some emergencies, telling He will return this amount also along with the whole deposited amount. He says he is in debt. I will take some time.
I have the proofs of the online payments done by me to him from the beginning.
I need Court's help.

Anik

Responded 1 week ago

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A.Dear Client,

We understand your situation. However, we need to highlight the fact that you have given the money out of the bonafide intention and goodwill. Thus there is no existing contract or legal document that confirms or showcases the return of the money within a stipulated time frame along with specific interest. Therefore, it entirely happened on family bonds, without any specific inclusion of legal ties.

Considering the above circumstances, the money which you have given to the concerned family member, had been presumed in form of gift, therefore in absence of legal instruments you don't have any legal remedy.

Hope this helps.

Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 weeks ago

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A.Dear Client,
In the absence of any agreement/promissory note/post-dated cheque supporting your payments to Sadu on different occasions, you have no legal remedy to recover your money from the person even through litigation before the Court.
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