possession and payment of dues
Querist :
Anonymous
(Querist) 26 February 2011
This query is : Resolved
A - real owner (market value 7,00,000- )
B- power agent of A
C- purchaser of Property for 6,50,000/-
M- creditor of A ( fabricated unreg agreement holder for 25,000/-)
N- another private finance institution (got attachment for 30,000)
Finance- ( 8,00,000/- )
A gave power to B, B sold property to C for 6.5 lakhs(who is the close relative to A aged about 65 ) the sale deed was prepared by A stating that a loan should be closed in private instruction for 6 lakhs( no time limit has been mentioned in Reg sale deed) and remaining 50,000/- paid by B thru a/c paying cheque to A and A had encashed on same day thus the power has been acted upon, a Reg. notice has been sent to A stating that power has been acted upon. B approached that finance as a power holder to discharge the loan ,but loan amount mentioned by them was 8 lakhs (but actual cost of the property mention by DRO was 7 lakhs) ,when contacted A, he refused to come back , he cancelled the power after 10 days , receiving our Reg notice . C came to know that a un reg agreement with notary affidavit for 25000/- was fabricated before 1month of execution of Reg sale deed to one of the creditor M by A. After talks, A acted like such he realized the fault and promised to pay remaining amount i.e.,(6.5 - 8 = 1.5) , but he never came back for more than 18 months . C came to know that he was cheated , he thought all was his fate and send a reg notice to pay all the dues to finance , they refused to accept saying only the actual borrower can pay the dues even though C had shown the original sale deed , refused to talk to C,(but finance got all the Xerox documents) and they never called back , mean while another private finance institution N also filed a case on the same property and got attachment for 30,000 before the reg.sale deed , C had filed a suit for paying stamp duty for 7 lakhs,delivery of possession and directing the court to finance , accepting money from C and handover the title deeds , meanwhile finance had shown notice sent by C to A , then A had arranged funds with the help of M and got all the parent documents from Finance by paying only 6 lakhs .please give your valuable opinion at your earliest convenience.
Question:-
1) C is ready to pay 6 lakhs and N”s liability at any time whether C can ask for possession now ?
2) Can C approach the court to take trial under senior citizen category.
