How can I legally recover my money?

I had given Rs. 2,00,000 as a loan with interest to one of my relatives. He had some urgent work related to his job transfer and was in need of money, so I arranged it through some friends and gave it to him. He told me he would return it within 2 months. This happened in April 2018, and I paid the interest for one and a half years. However, till date (January 2025), he has not returned a single penny. Please guide me on what I can do in this case.

3 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 05 Feb 2025

You can start by sending a legal notice to your relative demanding repayment of the ₹2,00,000 along with any interest agreed upon. If there is no response, you can file a civil suit for money recovery in the appropriate court, using any proof like bank transfers, written agreements, or messages as evidence. Since the loan was given in 2018, check if the case falls within the limitation period; if not, proving acknowledgment of debt through messages or payments can help. If there was fraud or deceit involved, you may also consider filing a police complaint. Consulting a lawyer will help you take the right legal steps.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 22 Jan 2025

You can file a civil suit for recovery of money within 3 years from when the loan was due (as per the Limitation Act, 1963), but since this period has expired, you'll need to rely on written acknowledgment of debt or partial payment records to extend the limitation period. Alternatively, if you have proper documentation like promissory notes or loan agreements with the borrower's signature, you could file a criminal complaint under Section 406 of IPC (criminal breach of trust) which isn't strictly bound by the three-year limitation period.

Admin
Advocate By LEAD INDIA Answered: 22 Jan 2025

Sir, firstly you should try to solve the matter in an amicable way and if still the matter remains unresolved then you may consider sending a legal notice with the help of an expert lawyer who will assist you in filing a civil suit in court of law. For further legal assistance contact us on our helpline number.

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