Advocate Palak Nenwani

Questions Answered by Advocate Palak Nenwani (100+ answers)

Q: What steps should be taken for the recovery of an amount? Should I file an FIR for money recovery, m

Can I file an FIR for not returning money someone owes me if I don't have written proof but have WhatsApp conversation screenshots? What are the options for filing a police complaint for recovery of money or an online complaint for not returning money?

Advocate Palak Nenwani answered
This is a civil offense if you are trying to recover the amount. To lodge an FIR for not returning money, you need to prove that cheating or forgery was committed against you. If there is evidence of fraud, then the police may register a complaint. Otherwise, a police complaint for recovery of money through civil action is the appropriate route.

Q: What to do if someone is not returning your money in india

I live in Delhi and I lent Rs.1lakh to someone in Punjab through money transfer (Bank to Bank) to a 3rd person and the 3rd person gave money to him. Now he is refusing to give money back. His father is agree to give me in written on stamp paper against him. But the son is refusing to pay money. what to do if someone is not returning your money in India? Please also tell me, IPC / BNS section for not returning money. What is the punishment for not returning money?

Advocate Palak Nenwani answered
If he has not returned your money in India, you should immediately send a legal demand notice. You would also need proof of the payment to the person and his details. Incase he fails to reply, you can innitiate proceedings against him in the court of law, for recovery of money. This is a civil remedy. 

For a criminal punishment to the offender, one can file a case under BNS for fraud, if you were defrauded. However, the lawyer can decide the course of action once more information on your case is given. 

Q: Notice to respondent should be given within how many days

What is the time period to reply to a legal notice sent by the opponent advocate?

Advocate Palak Nenwani answered
The reply should be given within the time period mentioned by the advocate in the notice. It is advisable to respond as soon as possible to demonstrate your bona fide intention against any allegations.

Q: Procedure of Partition on joint property(vacant land)

Hi, I am a separated female & got married according to Hindu marriage . I have a property with joint ownership of 50-50 with my husband. He is not giving me the money of half share nor is he giving me half portion of the land on papers though I am the joint owner. I want to file a partition suit . Can you pls confirm about the court fee. I got to know that court fee is 8% of my share of property. But we both are not living on the land and its vacant through its in our possession on papers. I just want my share of 50% . Pls guide.

Advocate Palak Nenwani answered
You can simply file a suit for possession and injunction to save the court fee and then claim the land in your favour. Even if you file for partition exemption from court fee can be pleaded for time being

Q: Query regarding Credit card and loans payment issue

I have not recived legal notice by saying that the person is not living at the same adress and retruned the notice . Because i can not repayment due to losse in work

Advocate Palak Nenwani answered
you can simply write an email explaining your financial conditions and thereafter you can also make a settlement for when you will be able to return the amounts and can fix for EMI's as per your financial condition