Can I claim my money legally if I gave loan in cash against affidavit

If, I gave loan of 5lac in cash against affidavit mentioning the repayment within 3 months through chq. Can I go for legal action on basis of affidavit, if borrower do not pay ..

Answers (4)

339 votes

Yes you can claim your money following legal action against borrower as it is legally enforceable debt as you had taken an affidavit mentioning the same from borrower. So in this case you can initiate legal proceedings against borrower.

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258 votes

Yes, you can claim for loan on the basis of affidavit if borrower doesn't pay your loan.
1) A loan agreement is like any other contract. Thus the provisions of Indian Contract Act will be attracted for enforcing the contract.
2) If affidavit mentions any time limit within which you can file claim then you must adhere to that time limit. If no time limit is mentioned then you have to claim within reasonable time limit. In either of case, time limit cannot exceed 3 years under the Limitation Act.
3) kindly ensure that you must not breach any of the terms mentioned in the affidavit and become a breaching party. If this happens the other party may claim fraud or any other wrong doing on your part.

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133 votes

The proper way of going about this is to execute and register a loan agreement with the borrower. The affidavit will be strengthened by the agreement. I am not sure if mere affidavit can provide you the necessary comfort. A post dated cheque, if it bounces, will lead to filing of criminal matters in addition to a civil suit for recovery of dues.

255 votes

Your query is too brief to be answered elaborately,but if you provide the complete documents for reference a more clear picture would come out .The affidavit cannot be known from your query whether is before a oath commissioner or an agreement before notary .Also whether the cheque given is presented or not and the legal formalities undertaken for 138 NI Act has been processed or not.

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