False case by a financier on me to occupy a site
Btvn raju
(Querist) 04 October 2015
This query is : Resolved
Financier used a part of my salary receipt with my sign on one rupee revenue stamp as evidence for
A debt/loan of 20 lakhs by me from him. He got this receipt through my brother. He also used my old sale deed of that land as evidence. This is also got through my brother. At present the land is with my wife name. I have done gift deed to her in the past. Before gift settlement I have put a police complaint against the lost old document of me. My brother got that old document and my old empty signed salary receipt from some where. The financier make suit for either recovery of loan with 12% interest per annum or equitable mortgage of that property. My brother has a site beside my site. 1st he tried to occupy my site, when we put a suit for injunction order. Later my brother meet his friend (financier) and put a suit through financier for equitable mortgage/loan recovery. In that suit they
Shown oral witnesses( my brother and his wife, my mother and a colleague teacher of my brother) for receiving amount and giving sale deed. Actually I didn't take any debt/loan.
My query is: how the case will move in future? , what can I do for this?
Sudhir Kumar, Advocate
(Expert) 05 October 2015
Financier used a part of my salary receipt with my sign on one rupee revenue stamp as evidence for
WHY/HOW YOUR SALARY WENT IN HIS HAND. WAS HE YOUR EMPLOYER.
Sudhir Kumar, Advocate
(Expert) 05 October 2015
A debt/loan of 20 lakhs by me from him.
WHEN ON WHAT TERMS/ ON WHAT SECURITY?
WHY YOU ARE NOT REFUNDING IT
He got this receipt through my brother.
DID YOUR BROTHER SIGN IT OR SIMPLY HANDED OVER?
IS YOUR BROTHER MEDIATOR/GUARANTOR?
Sudhir Kumar, Advocate
(Expert) 05 October 2015
He also used my old sale deed of that land as evidence.
HOW THE SALE DEED LEAD IN HIS HAND?
EVIDENCE FOR WHAT?
This is also got through my brother.
WHETHER HE GOT IT WITH YOUR CONSENT OR NOT?
At present the land is with my wife name.
THEN HOW SALE DEED IN YOUR NAME?
WAS THE LENDER AWARE THAT THE OWNERSHIP IS SHIFTED?
Sudhir Kumar, Advocate
(Expert) 05 October 2015
I have done gift deed to her in the past. Before gift settlement I have put a police complaint against the lost old document of me.
GIFTING LAND TO WIFE? LAND REMAINING IN HOUSE AND STILL PAYING STAMP DUTY?
WHY IT SHOULD NOT BE BELIEVED THAT THE GIFT DEED TO YOUR WIFE WAS A TACTIC TO BEFOOL THE PEOPLE AS USUALLY DONE?
Sudhir Kumar, Advocate
(Expert) 05 October 2015
My brother got that old document and my old empty signed salary receipt from some where.
DID HE STOLEN IT AND RAISED LOAN FOR YOUR BEENFIT?
The financier make suit for either recovery of loan with 12% interest per annum or equitable mortgage of that property. My brother has a site beside my site. 1st he tried to occupy my site, when we put a suit for injunction order.
WHAT HAPPENED TO THE SUIT.
Sudhir Kumar, Advocate
(Expert) 05 October 2015
Later my brother meet his friend (financier) and put a suit through financier for equitable mortgage/loan recovery.
HAVE YOU REFUNDED THE LOAN.
Sudhir Kumar, Advocate
(Expert) 05 October 2015
In that suit they
Shown oral witnesses( my brother and his wife, my mother and a colleague teacher of my brother) for receiving amount and giving sale deed.
YOU NEVER IN THIS BLOG SAID THAT WHETHER ALL/ANY ONE OF THEM IS TELLING LIE.
P. Venu
(Expert) 05 October 2015
Your query lacks clarity; I am unable to make head and tail out of it.
malipeddi jaggarao
(Expert) 05 October 2015
Please provide clarifications sought by expert Sri Sudhir Kumar.
SAINATH DEVALLA
(Expert) 05 October 2015
Answer the doubts raised by the above legal experts.
Guest
(Expert) 05 October 2015
The Validity of Revenue Stamp Is for Receipt Only Up to Rs.20000/- by Cash.Better consult A Local Good Senior Advocate and Explain and Seek the Remedies.
R.K Nanda
(Expert) 05 October 2015
consult local lawyer.
Rajendra K Goyal
(Expert) 05 October 2015
consult local lawyer, show him all the documents, discuss in detail.
Btvn raju
(Querist) 05 October 2015
I am a government doctor. I have done my post graduation after getting job. We will get full salary during that study period. studying institution will not pay the salary. So I can draw my salary through other hospital asper higher authority instructions. My study is at one place and drawing of my salary at other place. So during that period I send signed salary receipt without filling the amount column to the clerk through my brother(he is a government school teacher). In salary every month deductions are not same, that's why amount column is not filled before getting salary.
Actually I didn't take any loan from him.
Btvn raju
(Querist) 05 October 2015
I am a government doctor. I have done my post graduation after getting job. We will get full salary during that study period. studying institution will not pay the salary. So I can draw my salary through other hospital asper higher authority instructions. My study is at one place and drawing of my salary at other place. So during that period I send signed salary receipt without filling the amount column to the clerk through my brother(he is a government school teacher). In salary every month deductions are not same, that's why amount column is not filled before getting salary.
Actually I didn't take any loan from him.
Btvn raju
(Querist) 05 October 2015
I am a government doctor. I have done my post graduation after getting job. We will get full salary during that study period. studying institution will not pay the salary. So I can draw my salary through other hospital asper higher authority instructions. My study is at one place and drawing of my salary at other place. So during that period I send signed salary receipt without filling the amount column to the clerk through my brother(he is a government school teacher). In salary every month deductions are not same, that's why amount column is not filled before getting salary.
Actually I didn't take any loan from him.
Btvn raju
(Querist) 05 October 2015
I am a government doctor. I have done my post graduation after getting job. We will get full salary during that study period. studying institution will not pay the salary. So I can draw my salary through other hospital asper higher authority instructions. My study is at one place and drawing of my salary at other place. So during that period I send signed salary receipt without filling the amount column to the clerk through my brother(he is a government school teacher). In salary every month deductions are not same, that's why amount column is not filled before getting salary.
Actually I didn't take any loan from him.
K.S.Srinivas
(Expert) 06 October 2015
Signing a blank stamp paper by a postgraduate in medicine is not expected. Because of your mistake you have to face the consequences. Consult the Lawyer and brief him bout the case and get his advice.
Sudhir Kumar, Advocate
(Expert) 06 October 2015
Be clear on one aspect.
Both of you a Govt servant.
Govt servant is expected to maintain absolute integrity even in private life.
Bouncing of cheque, forgary of cheque etc (though criminal offences) display lack of integrity and is professional misconduct for Govt servant and action can be taken against him. SO liable for disciplinary action against either or both of you.
T. Kalaiselvan, Advocate
(Expert) 11 October 2015
Whether he filed a money recovery suit on the strength of the salary receipt? This cannot be an evidence for borrowing loan. A loan can be borrowed by executing a promissory note but handing over the title documents for the purpose cannot be deemed to be a mortgage loan.
Your lawyer who has sen all the relevant papers will be able to give a proper opinion be in touch with him/her.
