How can I prove the loan validity without formal acknowledgment?

My parents lent money to a partnership firm in 2018, where my wife was a partner. She left the firm in 2021. The remaining partners refuse to repay, citing lack of funds, and have now cut off all communication. We have bank transaction records supporting the loan, but there is no formal acknowledgment after my wife’s departure, except for emails acknowledging the outstanding balance. We are concerned about the expiry of the limitation period. Can the partners claim the emails are fake because my wife still has access to the account? Does the email is linked to the firm's bank account or being present on the firm's letterhead proves firm ownership?

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Advocate By LEAD INDIA Answered: 16 Jan 2025

Sir, if the emails are from the firm’s official email or letterhead, they can be used as proof of the loan, even if your wife still has access. These emails can show that the loan was for the firm. To avoid the limitation period you can send a legal notice with the help of an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
 

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