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How to recover money when we do not have any proof of giving money
06-Dec-2023 (In Civil Law)
Dear Sir, I am from Mumbai, Maharashtra. My father has given a Rs. 3 Lakh to one of the local Political activist in year 2010 as he said that he will give us a property against that money under rehabilitation scheme for slum people. We have paid Rs. 2 Lakh by Cash and Rs. 1 Lakh by Chaque. But still 2015 he has not given us the property, so we have asked our money back. He has given us Rs. 1 Lakh by Chaque on 2010 and told us he will give remaining money after few days. Even though coordinating with him, he is not giving remaining Rs. 2 lakh to us till date. We have not done any paper work while giving money to him. Also, While giving money to him, My brother and my father was present over there. Can you please advise me what are the legal options available with us?? shall we file police complaint against him? Awaiting for your valuable advise. Thanks & Regards
If you don't have documented proof at least get witnesses who has witness while you gave the money or any text messages or call recordings as proof that money is due with him secondly the case of 420 can be recorded only if the person who has taken the money is denying that he has taken the money for further discussing the details about legal remedy contact me
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Adv. Abhishek Moreshwar Gokhale
Mumbai | 100+ Answers
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How can I legally recover money from someone?
A lawsuit is the most efficient and effective way to recover debts from debtors. The civil remedy is to file a suit in a court of competent jurisdiction for the recovery of the money owed by the defaulter. The lawsuit is filed under Order IV of the Code of Civil Procedure (1908).
Can police help in money recovery?
The Karnataka High Court ruled that criminal charges cannot be brought against a person for money owed under a contract unless he or she has committed a crime of fraud, deceit or criminal breach of trust. 02-Aug-2022
How can I get money back from someone without proof?
Send a written request for payment.
You can file a claim in the Small Claims Court.
You can hire a lawyer to represent you in court.
If you feel youve been defrauded, you can file a police report.
You can get an order to seize the property of the person from the court.
What if someone is not returning my money?
If a borrower defaults on the repayment of funds, the lender may approach the court to file a civil lawsuit for money recovery or a criminal case for fraud/breach of agreement.
You can file a police complaint against him. or you can send him a legal notice. If he get agreed to pay you the amount then it is OK. otherwise you don't have any option other than going for a police complaint or file a private complaint at court.
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Send him a notice of legal action to return the money.
Filing a civil lawsuit for money recovery AND.
You may also choose to sue the defendant under sections 415 and 421-424 of the Indian Penal Code (Fraud)
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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