Cheating

rajeev shenoi (Querist) 14 August 2012 This query is : Resolved
good evening

My name is rajeev and i am from kerala , i have a problem a friend of mine had cheated me by taking my true documents of my 2 vehicle and he pledged it for some amount and it has been 2 years and i am asking him to return it and he is constantly saying that he will give it in 2 days and will give it next week thus many months had passed and he is not returning it. can i approach by law to get it back from him and i have no paper proof to prove ith but i have witness to prove that he had done so and can i get it back from him . please provide me an answer

thanking u

yours faithfully
rajeev

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Sudhir Kumar, Advocate (Expert) 15 August 2012
visit local than. Either (i) the place where you handed over papers to him (ii) the place where pledge took place

In case your proerpty has been pledged by third party then criminal case can lie against the person pledging and the person accepting the pledge.

Please also check from RTO office whether the vehicles have been hypothecated to someone.

Trivedi Advocate (Expert) 16 August 2012
Rajeev ji,

As you said that yours vehicle papers that means all these papers are on your names,Easy way to got the vehcile papers by minnor legal action for that complain to the RTO office (who issued the vehicle papers on your name), regarding lost or theft the vehcile papers, and request to them please issue the duplicate papers after providing the affidivit regarding theft the vechicle doucments.

Regards,

RAJU O.F., (Expert) 19 August 2012
If you are the owner of the two vehicles, without your execution of documents any hypothecation/pledge would be invalid. It might be lodged with somebody for borrowing money. In that case cause to issue a lawyer notice to your friend demanding return of the vehicle documents taken from you without your consent. Further, if necessary apply for issue of duplicate documents from RTO.