I have taken borrow from one farmer by showing my crop land and i have mentioned in agreement like i am taking some amount with specific intrest for 3 years if i fail to pay my due i will leave my land to you but now i sopd my land to some one i am ready to pay my due but that person who has given money for interest is not taking amount and not giving my land to me back.pls help me in legal proceedings
Asked 7 months ago in Property Law from Nellore, Andhra Pradesh
Hello sir, it is advisable to file a civil suit for permanent injuction and declaration to claim back your posession on the land ..
Give a legal notice to said person that you are.clearing your dues in accordance to terms of agreement and he should accept same as he is trying to illegally breach condition of agreement for wrong ful gain. Also give of said amount to him.
If he doesnot accept amount than file a suit in civil court for illegally trying to breach condition for valid agreement.
U can file suit of specific performance of agreement to recover possession of land, Paying full amount including interest accrued up to 3 years.
First issue him legal notice for recovery of possession. When three year period is getting competed.
Send letter by regd post that you are willing to repay loan with interest
2) request lender to vacate your land
3) if he refuses file suit to direct lender to vacate your land
4) offer to deposit money in court
5)enclose copy of your agreement to the plaint
He has to accept the loan amount with interest, when you are offering the same to him.
Your land was to go to him only in the eventuality of your act of failing to clear your debt.
has he already taken possession of your land? If yes, report the matter to the poice and take their help.
In the alternative, file a suit seeking their dispossession.
Advocate, New Delhi
That too stamp duty also expired(3years over i.e 02/2015) but in the description we have changed the dates from 2017 to 2020 after paid recent interst (4months back) and written on the back of that agreement like interest have pay from november 2017
Asked 7 months ago
If agreement is not registered after expiry of period you may need to pay stamp duty. File a suit for possession and mandatory injunction against him since it is not a mortgage as such he can't hold property. If it is a mortgage and if you failed to pay within stipulated time he has right to refuse to vacate land
It is necessary to peruse your agreement to advise
You can repay the loan during subsistence of agreement
If you didn't deposit your title deed with the creditor or no deed of mortgage was not executed he can't withered your title deed or refuse to. allow you to sell the. land. So irrespective of his objection he can proceed to. sell the land.
Otherwise file a suit for redemption in civil court. Your problem would be solved.
Follow the advice tendered to you.
The farmer is acting arbitrarily, in breach of the agreement.
Advocate, New Delhi
1. Has the specific period of 3 years for repaying the loan has expired?
2. Was your said land kept under mortgage with the lender?
3. If it was mortgaged with him, he shall have to file a petition for executing the mortgage and just can not take away your land.
4. You send him legal notice along with cheque of the loan amount taken by you with interest for the delayed period, if any calling upon him to return your land withnin next 7 days.
5. If he refuses to return your land, lodge a police complaint and also file a suit claiming return of your land after taking refund of the loaned amount with interest and also claiming damage and cost for refusing to return your land.
1. Lodge police complaint and also the civil suit as suggested in my earlier post.
2. Your repayment time has not yet matured for which he can not claim your said land.
3. Send the legal notice to him immediately to keep on record your offer to repay the loan amount which he is refusing to receive and accept.
Give him notice to adhere the agreement on breach there can be civil suit. Also get account details make regular interest and prnciple payments in the account.
Also to inform you if the person doesnot have legal money landing license he cannot charge interest he can be booked for lending money illegally.
File a police complain against him and civil suit for recovery of the possession
You need not loose your land.you can sell or use land as you like. If not he takes Mony file suit and deposit in it.
Is the agreement between you and the farmer is by a registered document?
Even other wise until it is a registered sale agreement, and if it is just a loan agreement, then he cannot refuse to give back the land.
You can file a suit for recovery of possession
The agreement has been renewed hence it is legally valid document, you may have to approach court only for solving this dispute.
This appears that you have actually entered into a sale agreement with the farmer.
If you pay him in terms of agreement he has to return the same.you need to file the suit for immediate relief you can also file suit under specific relief Act.