Safety for loan disbursed
Hello,
I had given 53 lakhs (50 cash, 3 cheque) to my supplier ( deals with metal articles) in 2011, as he wanted to buy a house property. He bought the property using my money, registered in his wife's name and has handed over the title deeds to myself. He has been paying interest and installments on time till 1 year ago. Now he has defaulted on interest and installments for a period of 1 years and now I am in a fix. The party is a man of good character and is now requesting a further loan of 10lakhs, which I am ready to give provided my full amount is secure. The market value of the property is 90lakhs.
He is occupying the house along with his 2 kids. He has leased out 2 portions in the backside of his house for 4 lakhs each.
1. I want to register a sale deed in my name. The sub reg value is around 50lakhs. I cannot register for 50lakhs coz I have already paid him that amount in cash in 2011 and now I cannot generate that kind of money in a/c. What are the different ways in which I can show sale consideration to safeguard my entire amount.
2. Can i show that we did a "agreement to sale" in 2011 ? Can I show that I had given him some metal articles worth 20-30lakhs over a 5 year period. Whats the bearing of this on my Tax returns?
3. After registration, in case he defaults again, how shall i get back the possession of the property?
4. Also, he says 2 tenants will vacate if we give back their 4lakhs. Incase I wish to sale the property to a 3rd party, who request possession of the property. How Shall i vacate these tenants peacefully?
5. In the end, I want to sell this property, recover my dues. I have to pay registration charges, property gain tax etc to recover my money. How shall I make this the onus of my supplier.?
Asked 6 years ago in Property Law
Religion: Hindu