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Q. Anurag thakur

Dear sir
5 years back my mother lent 18.0 lacs to my maternal cousin for his business needs in good faith. 4 years back when I came to know this I invited him and got an agreement signed mentioning details of money and repayment. He was supposed to payback the money in six months but he hasn't done this till date. Last month he gave us a cheque of 5.0 lacs that also returned unpaid. Now we are contemplating legal recourse to get our money back. Please suggest following queries.
1. Can money be recovered legally?
2. If yes, what will be expenses (monetary)?
3.what kind of lawyer is needed. Can you suggest any?
4.how much time will it take?
Note-the money lent/given was my father's retirement benefits that we received after he died when he was still in service. Our family's only savings.
Thanks and regards
Anurag thakur
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A. Send him a legal notice first and then file recovery suit. Kindly take paid consultation as your matter is the critical one keeping in mind the limitation period.

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Junaid Ali Khan

Experience: 2 Year(s)

Responded 5 months ago

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A. All depends on limitation, your time is running out, rush to an advocate.

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Prabhakara S K Shetty

Experience: 19 Year(s)

Responded 5 months ago

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A. If you have a written agreement then certainly it is easier to file a case and recover the money as you can easily prove in court of law that there was an act of lending and receiving money.
Now to recover money you got two options, Criminal and Civil.
CRIMINAL
You present the cheque in the bank and when the cheque is not honoured then file a cheque bounce case. This will be relative faster to get your money back as your cousin will be jailed if he does not pay your money back. But remember one thinng Cheque bounce cases are technical in nature and you must higher a good lawyer to ensure that everything is done properly otherwise you may not get the desired result.

CIVIL
A) File a money recovery suit in the local Civil Court through a good lawyer. This will take its own sweet time as Civil matters have a lengthy process for obvious reason to ensure that proper adjudication of the matters happen and justice is delivered in rightful manner.
B) For special kind matters where it is confirmed that money is due from one party to another then one can go for SUMMARY SUIT. This is the easiest and fastest way to get your money for cases with special conditions. Summary suits are adjudicated within 2-3 months if done in proper manner.

Your generic question of how much time does it take for the judgement for any case the answer is as follows;
Any Civil matter has minimum 18 different stages and each stage has multiple sub stages. Hence in general it will take more than 18 dates for finish off. Secondly the dates are given on the basis of availability of judges, date diary etc. So, it is humanly not possible for a lawyer to tell you the exact time taken for a case. I hope you will understand.

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Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 5 months ago

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A. Take paid consultation.

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Ashish Dongre

Experience: 12 Year(s)

Responded 5 months ago

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A. whether any written agreement or promissory note made between your mother and cousin? if yes then you should consult with lawyer to file civil suit of money recovery into city civil court. stamp duty expenses are depends on claimed amount, kindly consult with vidhikarya lawyers for filing your suit.

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Deepak Bade

Experience: 9 Year(s)

Responded 5 months ago

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