Law forcing him to commit suicide
queryking
(Querist) 22 February 2010
This query is : Resolved
the law is forcing P to commit suicide,
B borrowed money from a bank mortgaging a site,
after mortgaging b sold the site property to P
P purchased the property,he is ignorant of the earlier transaction with the bank as there was no entry in the encumbrance.
Now where abouts of the B is not known,
now the bank has issued notice under SARFASI Act demanding the possession of the property, (about 30 days back)
p is poor he cant approach the DRT, he purchased the property from his hard earned money.
under SARFASI civil court jurisdiction is barred.
now P is saying that he lost the site, he wants to commit suicide,he says it is the permanent solution, i told him about this forum and about the members, because i am having the faith that the Hon'ble experts will give/find solution to P problem,
this forum is only the last hope for poor P,
can he approach the civil court? if it is yes, what relief he has to seek?
Kiran Kumar
(Expert) 23 February 2010
dear civil court jurisdiction is specifically barred.
approach some counsel who can help him by charging lesser fee for the DRT work.
and pls dont say the Law is forcing him to commit suicide....prima facie courts are not aware who is actually guilty.
the legal position is Buyer Beware....ur friend should have cross-checked the encumbrance on the property from Registrar's office.
if he proceeds before Civil Court, it will not affect the rights of the bank in DRT or under SARFESI Act.
and if possible try to make some compromise with the bank.
it is quite understandable that B cheated P but the bank and law has committed no mistake here.
B K Raghavendra Rao
(Expert) 23 February 2010
Sri Kiran Kumar is right. I would add: P need not commit suicide as he is losing the money to the extent of loan arrears. He should have not only verified the records at sub-registrar's office, but could also have made enquiries with neighbours, friends and given a paper publication. One should be very very careful while buying immovable properties these days.
It is not the law which is forcing him to commit suicide but his own ignorance.
Guest
(Expert) 23 February 2010
i agree with all learned experts. I would add: The P can lodge FIR under section 420 IPC against B.
Suicide is not the solution. P you ve to fight.Be brave and do as opined by above learned experts.
Jithendra.H.J
(Expert) 23 February 2010
even though there is a bar Under section 34 of the act for jurisdiction of the civil court there are exception to it.
refer judgments of the Hon'ble supreme court,
wait for other experts view
J K Agrawal
(Expert) 23 February 2010
Do not be worry. AT DRT only 200/- (or at the most rupees 125/- per lakh which is not a big amount) is court fee and other expenses are rupees 500/-. Now it remains question of advocates fee you will get one in your vicinity who will consider your problem if it is real. If the poor fellow has no other property or means of income the Legal services authority act is there to help him. A complaint to police is completely free of charge.
