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Took loan from brother 7 years back now he is sending legal notice


01-Mar-2023 (In Recovery Law)

My Brother an NRI had given me Rs,200000/- by account payee chq on 4.4.2008 we never entered into written agreement of hand loan,after my fathers and mothers deth we had some misunderstanding to take reveng now he has sent me an legal notice on 12.9.2015 ie after 7 years asking to repay so he filed an folls specific performance case saying i agreed orally on phone to sell my house for the consideration paid in 2008 , is it valid as in last 7 years he never sent me any legal notice pleas help me with your advise.

Answers (1)

Answer #1
272 votes

Section 54 of the Limitation Act provides a period of three years for filing the suit for specific performance which commences from the date fixed for the performance in the agreement or, in the event of no such date being fixed, when the plaintiff had notice that performance is refused. 

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