Money lent to brother in law how can I recover it

501 votes

Dear Sir, It is not clear to us whether the cheques issued are blank or filled, dated and signed. If they are duly filled and signed cheques dated within 3 months, you can present the same to the bank for realisation. If the cheques get dishonoured, you can proceed with a complaint under Section 138 of the Negotiable Act for dishonour. You can also file complaint under Section 420 of the Penal Code. Otherwisev/ in addition, you can file a summary suit against the brother in law for recovery of amount, even if the cheques are blank. (However, while proceeding with any action, please consider the effect of any action on your personal and family relations.)

Advocate Unmesh Gopal Dindore LawRato

937 votes

Yes oral agreements are also valid in law. Default in paying the amount can be recovered by depositing the same and if dishonored then 2 options one summary suit and another initiate notice and proceed with filling complaint upon failure of demand notice.
burden of prove is on them as far as 138 matter. IN summary suit we may have to establish the legal dues while cheque is sufficient grounds of legal debt existed.

Advocate Rajesh Singh LawRato