Relative not returning money which he guaranteed

600 votes

You can file a money recovery suit under CPC or a criminal case for cheating under the Sections of the BNSS. Seek an injunction to prevent him from leaving India under Order 39 CPC. You can charge interest whatever was decided between you and in case nothing was decided you can charge standard interest of 18%

Advocate Devang Manjrekar LawRato

632 votes

You should send a legal notice to your relative demanding repayment of the remaining amount. The notice should clearly mention the total amount you gave, the guarantee he provided, and the partial repayment he made. Give him a deadline of around 15 days to return the money. If he does not comply, you can file a criminal complaint for cheating and breach of trust under Section 316 and 317 of the Bharatiya Nyaya Sanhita, 2023. If he issued any cheques that bounced, you can also file a complaint under Section 138 of the Negotiable Instruments Act. In addition to the criminal complaint, you can file a civil suit for recovery of money under Order 37 of the Civil Procedure Code if you have proof such as written agreements, bank transactions, or messages confirming the loan and his guarantee. Since he is planning to leave India, you can request the court or police to issue a Lookout Circular (LOC) to prevent his travel abroad. This will require filing a criminal case and presenting evidence of his intention to flee without repaying. If he owns property or assets in India, you can also ask the court to attach them to secure your claim before he absconds. It is important to act quickly because once he leaves India, recovering the money will become much harder. If he has business dealings in India, you may also explore filing a commercial dispute. Let me know if you need help drafting the legal notice or filing the case.

Advocate Rohan Venkatesh Yemul LawRato

792 votes

Well, if you have Chat Records or any Documentary Evidences, then, on the basis of such evidences, I can send a Legal Notice on your behalf to recover your amount from your relative, which your relative had guaranteed you to repay you after profiteering! If things won't work out from sending a Legal Notice, you can file a Civil Suit as well as a Criminal Case to recover your invested amount which you invested on the basis of guarantee that you would get handsome profits on the amount which you would invest!

Advocate Pankaj Bajaj LawRato

910 votes

If there is any written contract to that effect like a written guarantee then kindly file a suit for recovery of your money immediately. If there are security cheques then kindly file a criminal S. 138 complaint. if neither is there then file a civil suit to recover a friendly loan.

Advocate Ajinkya Sanjay Gosavi LawRato