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  • To get back the original title deed from the financier and to cancel the sale agreement in his frie

Sir, I gave registered general power on my property to get loan, but after the entire payment loan along with interest, the unregistered financier refuse to cancel the sale agreement with his friend and refuse to return back the original title deeds, subsequently he put two sale agreements one after another with his friend, so now I cancelled the power and sent a letter to handover all the originals, till now I am unable to get my originals. Where I have to give the complainant? What are the steps I have to take to get back the originals and to cancel the sale agreement done by the financier in his friend name without my presence and my knowledge?.
Asked 8 years ago in Property Law
Religion: Christian

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10 Answers

Send a legal notice to the concerned person

lodge a police complaint for criminal breach of trust, criminal intimidation etc.

For getting the sale cancelled you will have to file a civil suit for cancellation of the sale agreement and get an order that till disposal of the case no third party right is created.

Contact a local lawyer

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Lodge a FIR against this unregistered financier inasmuch as he is liable for committing the offences of criminal breach of trust and cheating; and also because he has drastically failed to handover all the original documents to you despite the fact that you have cancelled the attorney. Move an application to the SHO of the concerned Police Station.

As regards to the sale agreement executed by him, you will have to file a suit for cancellation.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Yes, make a complaint to the Station House Officer of the concerned Police Station and apprise him with all the relevant facts/information which disclose commission of cognizable offences by this unregistered financier.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Complaint shall be filed to the local jurisdictional Police station stating all that what you have explained with documentary proofs.

file civil suit for cancellation of sale agreement, though your transaction is for loan and since you have executed sale agreement you required to file a suit for cancellation of sale agreement.

in the very same civil case file an application for not to evict you from the property and also for injunction not to interfere into peaceful possession and enjoyment of the property.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

1) file police complaint against financier for cheating , criminal breach of trust under section 406, 420 of IPC

2) you have to file suit for declaration that you are absolute owner of property and to set aside agreement for sale of property

3) seek injunction restraining sale of property by the purchaser

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

you have to file police complaint against financier as mentioned herein above

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

police will not help you in this matter as it is civil matter.

you have already initiated the proceedings as you cancelled the registered power of attorney.

now your problem is that you are not getting back your original title deed and the stupid financier is entering agreement one after another. obviously all the agreement for sell are unregistered.

you file a civil suit against the agreement holder including the financier also for declaration that those agreements are not subsisting on the date and all are invalid as you have already pay off the dues with the financier and cancelled the PoA.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

Hi, it is advisable to lodge a police Complaint and to obtain the documents

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

First of all you should send a legal notice informing the power gent that since you have cancelled the power of attorney deed given in his favor, any transaction done by him subsequent to your communication about it to him, shall be invalid and not binding on you.

You instruct him to return the original title document held in his possession and can warn him that you will be approaching the police if he is refusing to return the same.

You can send a copy of this legal notice to the sub-registrar concerned requesting him to not to entertain any transaction in this regard in future.

You can also lodge a complaint with the police about this if the financier is not returning the documents.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Is there any need to police complaint? To whom?

You can follow the steps suggested before approaching police and keep it as a last option if nothing materialises.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

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