Recovery suit against my family

678 votes

Your payment of ₹26 lakhs towards clearing the loan and saving the property constitutes a recoverable debt, especially since it was paid at the insistence of your parents to prevent the auction. Even if there is no written agreement, oral consent, conduct of parties, and financial records such as bank transfers, loan statements, and proof of repayment establish your right to recover the amount. You may issue a legal notice demanding repayment within a stipulated time. If they refuse, you can file a Money Recovery Suit under Order 37 CPC or a civil suit for recovery with interest. Since the benefit accrued to your parents and brothers (release of property documents and discharge of loan), the law recognizes this as unjust enrichment—they cannot retain the financial benefit while denying repayment. Additionally, if they are falsely accusing you or attempting to intimidate you, you may consider initiating criminal proceedings under Sections 406/420 IPC for breach of trust and cheating. Do not delay, as the limitation period applies to recovery suits. Collect all proof of payments and proceed legally.

Advocate Pavani Kumari LawRato