Mr. A and B were business friends for last 4 years. Mr. B introduced his brother-in-law Mr. C to Mr. A and they too became good friends over a period of 8 months. After 8 months, on the request of Mr. B, Mr. A gave Rs. 100000/= to his friend Mr. B’s brother-in-law Mr. C for one year without any interest and against that Mr. C signed a Memorandum of Understanding on a stamp paper of Rs. 100/= duly notarized wherein Mr. C mortgaged his house as surety to Mr. A.
Now after one year Mr. C denied to pay the amount to Mr. A. Under such circumstances, what can be done?
Questions:
1) Under which Act and/or section we can give the notice to the party and file a suit?
2) Can we include the Chairman or Secretary of the society as a party in notice so that they can not transfer the property?
3) Can any procedure of insolvency case be filed?
4) Under which section the criminal suite can be filed?
6) Which type of procedure shall be followed to take the possession of the house?
We just came to know that Mr. C’s uncle is also staying on the second floor of the house, so what can be done to remove him from the property? We further have a doubt that whether this house really belongs to Mr. C or he fooled us by writing MOU.
Kindly advice, what can we do in this matter, how to give legal notice, who should be made parties to it, how to file civil and criminal proceedings, under which sections and other important information.
