• Took loan from private financier and he is threatening us

My father & 2 brother took loan of Rs. 3 lac (2 lac in bank & 1 lac cash) 2 years ago, he deposit the property paper and taken sign of my father and brother on blank white paper after sometime he called my father and take crossed sign forcibly on 2 blank paper with revenue stamp but my father didn't write anything on it before 3 months ago we have filed a FIR of lost of property paper and publish in new paper on the behalf of this we have changed the property paper from lease hold to freehold on my father name and original document of freehold are with us. I have been received an information that this financier had gone to DDA authority and show them that paper and told them that "Bayana" Has been done of 14 lac but we are trying to sale our house to another person now my questions are as follows,

1> Can DDA Authority cancel the freehold conversion only just on financier concern?
2> Can financier convert the blank paper with revenue stamp into "Promissory Note" and write on it that bayana has been done in his or other person hand writing, because my father can write in own writing,
3> Will Promissory Note be valid without my father or other family person hand writing and witness other than family member because any matter financier write on it, will be without our permission. 
4> Can a person pay 14 lac cash as bayana of 24 lac property on promissory note without any consult of property owner and family member.
5> Can I Sale my house in this situation?
6> if the financier show that 14 lac cash paid as a bayana of house then financier have to prove the transaction???
Asked 4 years ago in Civil Law

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11 Answers

1) DDA would not cancel free hold conversion

2) it would ask financier to obtain court orders

3) financier can fill in details on blank paper

3) promissory note would be valid

4)financier has to prove Rs 14 lakhs paid to your father

5) sell the house before financier obtains any stay order

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Hi,

DDA can't change the freehold conversion. You are suggested to file informatory application to concerned agencies regarding signature on blank papers. The financer has to prove his income for such a huge transaction.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. DDA cannot cancel the freehold conversion as it has not authority to do such an act. Only courts have the power to do so.

2. You can allege fraud if the financer uses the blank signed paper against you in court stating that the sign was taken by way of coercion and under duress.

3. It depends on your defence as the financer is going to file recovery Suit against and your counsel should take search points in the leave to defend filed by you in reply of the suit filed by financer.

4. Yes. They can. There is no fixed rule as to what the Bayana amount or earnest money should be.

5. Yes. You can sell your house as the financer has no stay court orders till now.

6. The financial would have to prove beyond reasonable doubt that he had paid the 14 lakh amount to you. You would also have to prove as to how acquired such a huge amount of money to lend to you.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

1. Once the conversion is made DDA cannot cancel it unless it is shown that conversion was done through suppression of facts such as if a condition precedent to the conversion was violated. In your case the DDA cannot cancel the conversion on the basis of complaint by this person. He is free to adopt his remedies against you but this is not a ground for cancellation of conversion.

2. It is suicidal to sign a blank stamp paper as the person who has the possession of it can fill up the contents to mount a liability on the other person. Now he must have set up an agreement to sell, on the basis of which he will file a suit for specific performance against you.

3. He will have to prove the transaction unless there is an admission recorded in the agreement to sell itself.

4. Unless there is an injunction issued by the civil court you are free to sell the house.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Don't worry proceed.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. If the property was not mortgaged to the financier then he cannot claim the property in any manner.

If he says that there is a loan subsisting then he may have to file a suit for recovery, the DDA may not entertain his request for any reason.

2. He may do it for the sake of money recovery.

3. It has to be proved before court, the court will decide the validity based on the arguments put forth before it by both the parties.

4. Yes, for loan purpose.

5. If you have the original title documents in your possession, and there is no restriction order from any court of law, you may proceed with your proposal.

6. Yes.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

If any suit is filed notice would be issued to you

Exparte stay is generally not granted by courts

DDA woukd not object if you have original sale deed in your possession

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

1. If you already have a registered conveyance deed in your favor then what is the necessity to approach DDA once again.?

If you do not have the allotment letter with you, then yo may apply for a copy of the same by indemnifying the DDA agaisnt any loss to the DDA in future due to this.

2. You can file a caveat before the concerned court so that you will be notified before an order of injunction is passed agaisnt you.

For knowing about the filing of any such petition, you may go through e-courts website by providing the details asked for getting the clarification.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

The only useful paper is conveyance deed.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

In case of stay order the same would be served to you at the time of registration.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

No, the DDA cannot object based solely on the representation of the financier. If your title is clear and the property is in your name, you can alienate it (sell it) as you wish to. Only an order of a Court, say, in a suit against you to not create any third-party rights (i.e., sell it or lease it) can interfere with your plans to sell it.

I am not aware of the context of your second query pertaining to stay order so can’t answer that properly.

Pulkit Chandna
Advocate, New Delhi
191 Answers
5 Consultations

4.9 on 5.0

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