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Money not being returned how to get it back


02-Jul-2023 (In Civil Law)
My mother had paid 30 Lakh rupees for a person who was going through financial difficulty. He informed that he will register a land in her name for 15 lakhs and will give 15 lakh as cash, But it has been more than a year, and they are not paying us back. What we have: 1. Bond paper signed by his uncle (not registered) for teh acknowledging that they have taken money for the Land. 2. A cheque for 15 lakh (signed by him, the debtor) 3. Another bond signed by the debtor acknowledging that he took money for business. What to do?
Answers (3)

Answer #1
667 votes
Hello,

You can deposit the cheque if you think his account has money. If the cheque bounces, then you can file a criminal case under section 138 of the negotiable instruments act.

In legal terms, rue undertaking that he has received the money as given in the bond sheet is called a promisory note. You can file a civil case/summary suit to recover rue money as promised under the bond sheet.

All the best. I will be able to advise you better if i see the bond paper that he has given.
Answer #2
580 votes
HELLO,

To rever the money there are two ways.

1) Your mother can file a Money suit for the for the value executed in Bond Paper.

2) Your mother can file Sec. 138 case under NEGOTIABLE INSTRUMENT ACT CASE (NIA) ONE TO THE TUNE OF AMOUNT MENTIONED IN THE INSTRUMENT. And the cheque should have been issued with in 3 months OR such cheque or Cheque(s) should have been dated. Even if the cheque(s) are not having validity the loan amount can be retrieved. PL. GET APPOINTMENT WITH LAWRATO FOR COUNSELLING FOR EFFECTIVE RECOVERY PROCEDURE
Answer #3
664 votes
Hello mam
First of all the case is in our favor
We can get the money back
1. Rupees 15 lakhs can be recovered by filing a suit against him for a breach of a contract
2. Remaining 15 lakhs can be recovered for the cheque bouncing

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