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can we file a case after 15 years for recovery of money
14-Mar-2023 (In Property Law)
my sister in law had borrowed 9 lac from us to buy the property to which she had assured she would return. it has been 15 years and still she has not paid the said amount. we are US citizens. can we file a case in India to recover our money
Dear Sir/madam, you have to issued a legal notice for the same to your sister in law for the demanding the said money, if she replied the same to you, at that time the cause of action will arise to file the civil suit for recovery of money, you have to file civil suit through GPA for conduct the said civil suit in India. If you want my service I will do it.
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Adv. Chandrashekhar Vithal Jadhav
Bangalore | 200+ Answers
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In order to be able to file a suit for recovery of money the limitation prescribed by law is within 3 years from the due date, if your sister in law has been paying interest on this borrowed amount till now, and thereafter if she has failed to repay the principal amount/s then you can file for the recovery of this money.
In your case you state that it has been 15 years since she borrowed and she only assures you that she will repay the amount. You should have filed the case 12 years back itself and you cannot file the case now.
In your case you state that it has been 15 years since she borrowed and she only assures you that she will repay the amount. You should have filed the case 12 years back itself and you cannot file the case now.
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Adv. Kiran N Murthy
Bangalore | 100+ Answers
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No, It is an acknowledgement of debt in writing within three years would restart the limitation afresh and issuance of your notice whether received or not has no bearing on the limitation. However, if by ignorance while replying the notice, one has acknowledged the debt, then that would restart the limitation.
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Adv. Srinivasa Kudva
Bangalore | 100+ Answers
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