• Main financier ke khilaf fariyaad kaise karun?

Sir, ek financier ne mere se 2 lakhs rupees ke badle mere 3 residential plot ko guarantee me liya, lekin usne bola Tha ki jab main ye Paisa usko return karunga tab wo ye plot muje wapas karega, magar usne muje bharose me lekar mortgage deed ki jagah, sale deed banva kar mujse sign Karvaya aur kaha 2din bad jab ye sale deed banva jayega tab woh muje ek notarize agreement banakar dega jisme ye clear Kiya hoga ki jab main uska Paisa wapas karunga tab wo ye plot mere name par transfer kar dega. Magar jab Maine use paise wapas kiye to work ab Mana kar raha Hai, aur ab 42lakhs rupees aur mang raha Hai. Plot ka kabja abhi bhi mere pas hi Hai...to main Kya karun?
Asked 2 years ago in Property Law from Vadgam, Gujarat
Religion: Muslim

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Rajaganapathy Ganesan
Advocate, Chennai
1671 Answers
8 Consultations

4.9 on 5.0

1) file case of cheating , criminal breach of trust against the financier under sec tion 406 , 420 of IPC

2)i presume sale deed is not registered

2) to confer clear and marketable title it is necessary that sale deed should be regsitered

4)further you are in possession of the land

5) you can also file declaratory suit that you are absolute owner of the 3 plots

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

Sir

Is the Sale Deed Registered ? In absence of a Registration the alleged Sale Deed cannot transfer any right, title or interest in the property in favor of Financier. Such document, if unregistered, can be at best considered as "Agreement to Sale" for which the financier will have to file suit for Specific Performance.  

However, if the document is registered, then you will have to file a suit for Redemption of Mortgage.

Upon seeing all the document i could advise you subjectively as to what strategy you should adopt.

I am based in Ahmedabad. Should you need any assistance then feel free to contact

Vivek N Mapara

Vivek Mapara
Advocate, Ahmedabad
28 Answers
4 Consultations

5.0 on 5.0

if mother is joint owner of plot your mother signature was necessary on sale deed

further sale deed is only notarised . builder does not have title to the plot of land

3) if builder files suit for specific performance contest the suit on merits . mention that only Rs 2 lakhs was taken as loan which was subsequently repaid

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

Sir if the plot is in the name of yourself and your mother since 2007 then the transaction entered by you with the Financier itself is wrong and incorrect.

Suggestion is that you along with your mother file a police Complaint of forgery stating that you in good intention did mentioned the names of the properties as guarantee to loan taken from the Financier and had signed certain documents of loan but an a subsequent date you can to know that a forged document of sale deed is made out of that. As the property lies in the name of you and your mother the same can not happen and that when you came to know about the cheating happened.

For any further queries please contact at

Arun V S
Advocate, Jaipur
55 Answers

4.0 on 5.0

Lodge a FIR against this financier. This financier has cheated you by taking your signatures etc. on a sale deed, as against a mortgage deed.

Approach the Court and seek an injunction order against this Financier. Also, seek cancellation of the sale deed that was obtained from you by playing fraud upon you.

Vibhanshu Srivastava
Advocate, New Delhi
8753 Answers
152 Consultations

5.0 on 5.0

if sale deed is registered financier is absolute owner of the plots

2) file suit to set aside sale deed on grounds of fraud

3) mention that no consideration changed hands

4) Rs 2 lakhs loan was taken and subsequently repaid

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

do you have a copy of the document............... also go get some time from the person with any reason andd in the meanwhile get the copy of the sale deed entered and recheck the mutation as of date which should be in you and your mothers name as stated.

Also please mail me any other document that you do have to help you out.

Arun V S
Advocate, Jaipur
55 Answers

4.0 on 5.0

Sale deed sub registrar office me hi registered ho sakti hai.

Documents ki copy hai jisse udhar liye the.

USe karo porperty, jab wo legal action lega tab dekhnge.

Joint name par hai to hald share to mother ka hai, us hissa to waise bhi kuch nai kar sakta.

Contact for more details.

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

1. Since you still have the possession of the land you should file a suit for declaration of the sale deed as illegal on the ground that it was got executed from you in a fraudulent manner and also seek permanent injunction to restrain him from dispossessing you from the land. Once he succeeds in dispossessing you from the land then it will be a long drawn legal battle to recover the possession.

2. Also file a criminal complaint for cheating, forgery and breach of trust against him under Section 200 Cr.P.C.

Ashish Davessar
Advocate, Jaipur
27476 Answers
812 Consultations

5.0 on 5.0

1. As I said before, file a civil suit for declaration and permanent injunction, apart from filing the criminal complaint.

2.Unless the civil court declares the sale deed as illegal it will stand.

Ashish Davessar
Advocate, Jaipur
27476 Answers
812 Consultations

5.0 on 5.0

Hello,

Aap ghabraiye nahi wo koi legal action anhi le sakta hai, kyunki sale deed ke liye paise ka koi len den wo nahi dikha payega

Anilesh Tewari
Advocate, New Delhi
17403 Answers
280 Consultations

5.0 on 5.0

aap kisi local advocate se contact kariye aur us sale deed ke cancellation ka case daal dijiye, aur saath me police station jaakar us insan ke khilaf dhamki dene ka mukadma daal dijiye.

dhanyawad

Anilesh Tewari
Advocate, New Delhi
17403 Answers
280 Consultations

5.0 on 5.0

Aap iske khilaf ek complained de S.P. ko

Ravinder Mehra
Advocate, Rohtak
12 Answers

4.0 on 5.0

Your sale deed is wrong. You were not having right to sell it totally, because your mother is alive. Your father had also prepared a document regarding the share of the property in which you had no power to sell all the property yourself. So, the said sale is void and illegal. You can retain it by filing Civil suit in the Civil Court.

Sunil Kumar Sinha Mukul
Advocate, Begusarai
5 Answers

4.0 on 5.0

Firstly, aap kissi bhi Keemat per khali mat kerna, agar koi hatane ko aaye toh police ko call kerna and kehena janardasti ker rahein he.

Secondly, aap phone pe baat kijiye Kaanoon ke through mujhse phir achi taraah batata hoon ke kyaa karein aur kaise karein.

Sanjay Baniwal
Advocate, South Delhi
5036 Answers
11 Consultations

5.0 on 5.0

Dear Sir

Dont worry he cannot file a Complaint of Cheating against you. Even if he files then you can get stay on that in the High Court. Rather, you can also file a counter complaint of Cheating against him.

You can start by issuing legal notice to him. You will have to file a Law Suit against him for reconveyance along with declaration and injunction. Also, you can initiate criminal proceedings against him for cheating and fraud.

He may probably not use cheque against you, because the moment he uses cheques, money lending transaction will be proved.

Feel free to contact should you need any assistance.

Best Regards

Vivek

Vivek Mapara
Advocate, Ahmedabad
28 Answers
4 Consultations

5.0 on 5.0

How did you obtain this loan of Rs. 2 lakhs, by bank transaction or cheque or by cash payment?

The evidence of loan advancement is important especially when the properties are worth several lakhs.

You can initiate legal action for re-possession of your property documents from him by expressing your willingness to repay the loan amount with interest.

You can even approach local police with a complaint for the crime of cheating against him.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

Maine use 2016 me sign Kiya tha. Abhi 2month pahele hi muje pata Chala ki mere father ne 2007 me in ploto ko revised Karvaya Tha aur mere aur Meri mother ke joint name se revised Kiya tha...

You better consult a local lawyer and take his suggestions on this development because it is not known that whether you have pledged or executed a sale deed in his favor on the basis of the title documents.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

Sir sale deed is registered. Aur financeir kaheta Hai ke aap court me jaoge to woh muj pe cheating ka case karega...Maine plot ki border pe patthar ki wall aur ek chota sa room bhi banaya Hai...magar abhi Tak usne koi legal action nahi liya Hai..jab ki mere 2cheque bhi uske pass Hai...

He cannot file any cheating case agaisnt you if you are ready and willing to repay the entire loan amount.

You can very well initiate proper legal steps for recovery of title documents held in his possession.

You may even give a police complaint against the exorbitant interest charged by him for the small amount of loan obtained from him.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

First of all all you Lodge first information report against the financial because what he is Jen is a cheating as per Indian penal code .

Move a suit for cancellation of the sale deed on the ground that the consent was opened by keeping you under influence .

In the "you do not have to take the ground that you have mod gauge the property because "only believe on document present .

In the sale deed it might have been mentioned that in what form the cash money has been transferred to you by the purchaser shall contact the local lawyer and get a cancellation of sale deed suit register.

Atul Shahi
Advocate, Allahabad
110 Answers
1 Consultation

4.0 on 5.0

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