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PRAVEEN KUMAR (ADVISOR)     29 April 2014

Fraudulent sale agreement created by loan giver

Dear Experts,

My Mother - in - law has taken a loan against House documents ( with 10 Rupee Interest) an amount of Rs. 30,000/- in the month of Apr'12. She paid the interest for 3 months and she is irregular to pay the Interest. 

Again she borrowed an extra amount of Rs.20,000/- and she signed an empty promissory note and one 20 rupees empty Stamp Paper and empty white papers.

Now the loan giver has given a legal notice stating that she entered a sale agreement on 15-08-12 for selling of the house which was given as security for loan. Total sale consideration for Rs.2,40,000/- and Rs. 2,10,000/- already paid by cash and remaining amount has to be paid at the time of registration. Now he is asking for the registration. 

Actually she has taken only an amount of Rs. 50,000/-. Now what she can do to get the house.

Its an urgent

kindly advice us...... 



Learning

 3 Replies

Advocate Ravinder (Advocate/Attorney)     30 April 2014

The lendor had misused the documents given by you. The whole burden of proof will lie on you to prove that the documents i.e. Promissory note and empty white paper and empty stamp papers were handed over to the lendor for only security/surety purpose and no sale transaction has been executed between you and the lendor of the money.  It is very complicated issue and only an experienced lawyer can deal the case. Othewise you will lose the case.  If you have any other doubts you can contact me on 7893011777, ravinder2345@gmail.com

PRAVEEN KUMAR (ADVISOR)     30 April 2014

Sir, Whether is there any scope to get the place

T. Kalaiselvan, Advocate (Advocate)     01 May 2014

If it is an unregistered sale agreement it will not be valid in law, allow him to file a suit and challenge the same properly before the court.


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