Loan Given To Sister In Law But Not Able To Recover

Asked in Recovery

  • Naga Siva Sankar Kolla

    Chennai

Expert's Answers(7)

  • Adv.Rajesh Kumar

    New Delhi, Delhi
      2 Client Ratings

    You can file recovery suit against them for your amount.

    June 2, 2024
  • xxxxx cxxxxx

    Bengaluru, Karnataka
      184 Client Ratings

    Dear Sir, You may approach the Police and lodge a complaint as it is cheating and also criminal breach of trust under Sections 419, 420 and 406 of IPC. Further, you may file a civil suit on the basis of bank transfers you have made and seek attachment before judgment under Order 38 Rule 5 of CPC of their properties.

    May 31, 2024
  • Advocate Anik

    Bengaluru, Karnataka
      66 Client Ratings

    Dear client, Here's what you can do in this situation: Legal Action: Civil Case: Since you don't have a promissory note, a civil case for recovery of debt is the most suitable option. You can present bank statements showing the transfer to your sister's mother-in-law's account as evidence of the loan. Not Criminal Case: Breaching a trust is a civil matter, not criminal. Securing Repayment: Attachment of Property: While the case is ongoing, you can request the court to attach your sister's mother-in-law's commercial property. This prevents her from selling or transferring it until the case is settled and the debt is repaid (if the court rules in your favor). Considerations: Written Agreements: It's always advisable to have written agreements, even for loans between family members. Additional Points: The Sarfaesi Act deals with the recovery of non-performing assets by banks. If your sister's family received a notice under this act, it suggests they might have defaulted on a loan from the bank.

    May 30, 2024
  • H K Chaturvedi, Advocate Supreme Court.

    Noida, Uttar Pradesh
      12 Client Ratings

    Please go to your Lawyer immediately. This is urgent legal matter for interim order.

    May 28, 2024
  • Advocate Jitender Singh

    New Delhi, Delhi
      17 Client Ratings

    First of all rather than going legally you should serve him/her a legal notice and in that notice you can write that either pay my money or face legal action which will be at your own risk. After that if he/she fails to give you a satisfactory reply then you can anytime file a recovery suit in the court to claim your money back along with compensations.

    May 27, 2024
  • Adv M. K. Singh

    Lucknow, Uttar Pradesh
      4 Client Ratings

    Starting with legal notice in this case is best option. For detailed clarification over this issue, you are free to approach. Thanks.

    May 27, 2024
  • Advocate Yogesh Navmahalkar

    Jalna, Maharashtra
      19 Client Ratings

    Issue her notice through lawyer demanding your money and if she refused to pay then File Money RECOVERY SUIT IN COURT through lawyer and also you can File criminal complain against her in local police station.

    May 26, 2024