• How to fight back property pledged (forcefully) by the money lender because of not clearing debt

Hello my father had borrowed money from a moneylender and he gave us money by taking our land (which was in the name of my mother) , on oath that as soon as the money is paid back , the property again will be given to us (at this time I was minor and my elder sister was major) but since due to financial crisis my father was not able to pay back and now he is ready to give money but the money lender is dead and the property is in the name of his son and his son is opposing that lad belongs to him , Please give me legal aid for this solution
Asked 9 months ago in Property Law
Religion: Hindu

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9 Answers

Your mother shall file suit for declaration and possession being guarantor and should reclaim her property on payment. 

Siddharth Srivastava
Advocate, Delhi
1252 Answers

5.0 on 5.0

Right of redemption section 60 of Transfer of Property Act describes the right of redemption- Right of the mortgagor to redeem at any time once the principal cash has become due- the mortgagor has a right, on payment or tender, at a proper time and place, of the mortgagemoney, to require the mortgage holder to deliver to the mortgagor the mortgage-deed and every one documents concerning the encumbered property that area unit within the possession or power of the mortgage holder, where the mortgagee has the mortgaged property, to deliver possession thereof to the mortgagor, and at the cost of the mortgagor either to re-transfer the mortgaged property to him or to such person as he could direct or to execute and (where the mortgage has been affected by a registered instrument) to have registered an acknowledgment in writing that any right in derogation of his interest transferred to the mortgagee has been extinguished provided that the correct presented by this section has not been destroyed by the act of the parties or by decree of a court. Nothing during this section shall be deemed to render invalid any provision to the result that, if the time fixed for payment of the principal money has been allowed to pass or no such time has been fastened, the mortgagee shall be entitled to reasonable notice before payment or tender of such money. There are three important provisions made in section 60 of the Transfer of Property Act 1882: 1. Right of redemption 2. Clog on Redemption 3. Once mortgage, always a mortgage.

Article 61 (a) fixed time for filing suit for redemption of mortgage as 30 years and not for payment of money. In other words, right to redeem mortgage is not extinguished merely because the mortgage money is not paid or deposited within 30 years.

You can resort to legal action to redeem the property as per law.

T Kalaiselvan
Advocate, Vellore
85133 Answers
2218 Consultations

5.0 on 5.0

These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. My team is dealing with various such cases. You have the right to get back the property. Legal action can only be taken when already legal notice through Advocate has been served upon the entity or person you wish to bring to court. It is only this method that legalizes producing a matter to court. The intimation given is known as 'legal notice.' A legal notice is, hence, formal notification to a person or an entity, notifying the other party of your purpose to commence legal proceedings against them. Legal notice can serve as a target of negotiations among the parties and save time, effort, and money spent in court cases.

This makes the party aware of your complaint. Many times, a legal notice served will bring the other party on heels, and the difficulty can get resolved out of court, too, with fruitful arguments on both sides. If the opposite party is still not heeding to the grievance, one can always start the court procedures after a particular interval, as pronounced by the law.

Detailed discussion is required in such cases with complete documents. 

 

Gopal Verma

Advocate on Record 

Supreme Court of India

Shri Gopal Verma
Advocate, New Delhi
371 Answers
10 Consultations

4.0 on 5.0

Is there any such written condition mentioned in loan a document 

 

was any period prescribed for repayment of loan 

 

kindly clarify 

Ajay Sethi
Advocate, Mumbai
94933 Answers
7575 Consultations

5.0 on 5.0

Hello, 

First of all your case is not of a pledge but its a case of mortgage of land for money and you can simply filed a suit for redemption of mortgage provided limitation is there and there is no decree of foreclosure and the transaction you are referring is really a mortgage not something else.

Thanks

Jagvir Singh Sorout
Advocate, Hodal, Haryana
11 Answers

Not rated

- Money lending without a Money lending licence is an offence , and the person doing this without having a licence can go behind the Bar , and fine uptoRs. 30,000/- .

- Further, the Money Lending Act prohibits from charging interest rate more than 21% for unsecured loans for non-agriculture people and 18% for secured loans for non-agriculture people, The loan rate as per Money lending is simple interest per year.

- Maximum a money lender can charge 2 percent more than the commercial bank rate of interest , and nothing more

-  The Supreme Court of India has instructed the government to impose onerous conditions to restrict or even discourage people from entering into money lending business.

- You should lodge a written complaint to the police after mentioning that that money lender is engaged into the business without having an licence , and charging huge interest from the innocent persons after withholding property documents , and further threatening for filing a case on the security given cheques.  

- Further, send a legal notice to his son for transferring the property in your name 

- If no positive response , then file a suit for declaration & Mandatory and permanent injunction before the court. 

Mohammed Shahzad
Advocate, Delhi
13363 Answers
199 Consultations

5.0 on 5.0

Dear Client
Here are some general steps you may consider taking to address this issue:

Gather Evidence: Collect all relevant documents, agreements, and any evidence that supports your claim, such as witnesses who can attest to the agreement between your father and the moneylender.

Consult a Lawyer: Consult with an experienced property lawyer in India who can review your case, assess the strength of your claim, and provide legal advice tailored to your situation.

File a Lawsuit: If your lawyer believes you have a valid claim, you may need to file a lawsuit against the deceased moneylender's son to assert your rights over the property. Your lawyer will guide you through the legal process.

Mediation or Negotiation: Sometimes, it may be possible to resolve property disputes through mediation or negotiation. Your lawyer can also explore this option to reach a mutually acceptable settlement.

Check for Any Legal Formalities: Ensure that all legal formalities related to the loan and the property transfer were followed correctly. Any irregularities or illegalities in the transaction may affect the outcome of your case.

Consider the Possibility of Fraud: If there is evidence of fraud or coercion in the initial transaction between your father and the moneylender, it could have legal implications. Your lawyer can investigate this aspect.

Seek a Stay Order: If you believe there is an imminent threat to your possession of the land, you may request the court to issue a stay order to prevent any further interference with your property.

Court Proceedings: Depending on the circumstances, your case may go through a legal process, including hearings, evidence presentation, and legal arguments. Your lawyer will represent your interests throughout this process.

Anik Miu
Advocate, Bangalore
9020 Answers
110 Consultations

4.7 on 5.0

You need to file civil suit in the above case

Prashant Nayak
Advocate, Mumbai
32077 Answers
183 Consultations

4.1 on 5.0

File suit of redemption of mortgage.

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

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