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Sachin Jaiswal   25 January 2016

Property related

Hey,

Would like to confirm, how to proceed further..

My friend has taken loan from private money lender and the condition kept by money lender was to do a sale deed of the property which my friend owned and if the money is returned within 11 months with interest then he will cancel the deed or else the property would be aquired by him. My friend agreed to the condition and proceeded due to urgent money requirement.

However, there is no agreement or clause mentioned in the deed, sale deed states that the money lender has purchased the property from my friend by paying complete amount.

Govt. Land value: Approx.: 50-60 lakhs

Loan taken: Rs: 20 lakhs

Amount mentioned in the sale deed: Rs: 35 lakhs

Amount paid in Cheque by Money lender: Rs: 35 lakhs

Immediately extra amount was refunded to money lender by Cheque: Rs: 15 lakhs

Now, 13 months have been completed however my friend couldn't repay the loan and money lender has aquired the property. He said the total amount payable is Rs: 35 lakhs with interest and have given enugh time to repay however you couldn't hence, I have the take the posession.

Kindly suggest if there is any way out to regain the property or at least to get remaining value of the property as per Market rate.

 

 

 



Learning

 1 Replies

Adv. Yogen Kakade (+ 91 9225510883)     25 January 2016

The money lender has no legal right to charge any interest he wish.. file a case against the transaction and challange the possession.


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