Procedure to recover investment paid in cash

Sir/Madam, I as a partner had invested @ 40L in a residential project in 2012. The main partner having major rights has still not returned a single rupee till date. He did several transactions without my knowledge and invested in other projects coz of which the project in which I invested is still not complete. How do I recover my money coz I have paid him in cash but have a regd development agreement which states my name as a partner. Please advise.

Answers (1)

138 votes

Hi. Firstly since it's a cash transaction, it will be very difficult for you to prove that you paid him the money. Secondly the transaction is of 2012, so if you take up any legal action now, i.e after 6 years, you will fail due to being barred by limitation law. At most you should have taken legal steps within 3 years of signing the contract. I suppose the development agreement you are referring to is a joint venture agreement between you and your partner. I will need to see the papers before commenting further and devising appropriate course of action. You can also try for mediation attempts with your partner, but chances are you will at the most recover a sum less than what you invested. But atleast you will get something which is better than nothing. Another approach can be filing a police complaint for fraud and cheating. So it's a very dicey situation as you did not take proper steps all this while. Time is running against you or perhaps has already outrun you.

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