Anybody got solution to this issue?


I set the title because i haven't got a solution to my problem even after posting it here several times in the past.

The problem is a man with evil intentions took my signatures on a lease deed and then set clauses without my consent. The clauses favor him and includes that only he has the right to cancel the lease agreement and not me; he can sub-lease my property to anybody without my consent; if any other party claims its share in my property then I should pay him double of the set lease amount; and other such clauses.

I was cheated and now he is in possession of the property which he mentioned in a clause for 18 years. My question is even though the clauses doesn't allow me to cancel the agreement, is it still possible to cancel it? If possible then what is the process required to be performed? 

 
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Jadhav & Associates

You have not mentioned details about the lease deed.

First - is the lease deed stamped properly and registered? If it is not, then it can be questioned in the court and can be proved to be invalid if other conditions are also in your favour e.g. appropriate consideration was not paid, etc.

 

If the lease deed was registered, then you cannot claim that the person had any "evil intentions" or that he took your signatures without your consent. The office of the registrar require witnesses and takes your photographs, etc during registration.

 

In any case, if the consideration was not commensurate to the rights given, you may be able to win your case. However, if the amount of consideration is appropriate, then you cannot hide behind your ignorance or that you feel cheated after surrendering your property on lease.

 
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Thank you for the reply!

Yes, the deed is a registered one. But, actually the property was mortgaged in favour of a bank. And, later this lease agreement occurred and though the property was already mortgaged, the registrar didn't register it at that time. He just marked it as pending. But, later the party managed him and converted pending into absolute. Also, the amount wan't decided that time. The party later wrote with a pen the amount as ten lakhs. Where as the property is worth crores. So, how can anybody give a property worth crores on lease for sake of ten lakhs? I need to break down this deed to save my property. Please respond to my reply.

Thank you!

 
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