Dishonour of cheque and attaching a property


  One of my wifes relative had pledged our house as a collateral one for a loan , his CBSE school was the primary party in that and we where secondary. As he failed to repay the amount our house was attached and we were forced to pay 35 lakhs as the primary party was not ready to pay the amount. He had asked to repay it for time being as he going to sell his school and repay it within  3 months. He had given cheque and signed an agreement on a stamp paper . This school poperty is around 2.5 acres and its registered on his name as well but he had give the property to a society  on which he and his wife is the member other members they had amended in last 4 years. This school is given as lease to CBSE for 30 years.  After 3 months he had failed to repay his first installement and he had treatened me that if i go for case i will not get any thing as his property is on lease. Could you please tell what is the way to recover the money. Currently one of his cheque is bounced and kept with me.

 

Regards

Anup.Nair

 
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you can filed a case against him under section 138 NA Act

 
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Thanks lakshmi , Is it possible to attach his school property.

 
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practicing advocate

You can file a civil suit.

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Advocate

I'm agree with rajeev adv..........


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First u file a criminal case against him and after that u should file a civil suit and get status-qua


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POWER OF DEFENSE IS IMMENSE

First get your home wok done properly otherwise by piecemeal action you will burn your fingers.

1) First question is why you paid such huge amount.

2) What is the history of earlier relations with the party.

3) From where you got the funds.

Free legal assistance before proper legal forums upto highest level

for cheque bounce victims.


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HI Sasi sir

   

1) First question is why you paid such huge amount.

2) What is the history of earlier relations with the party.

              This party who had done this is my father in laws sister and husband. As we are staying in some other state and the property was in father in laws name his sister and husband asked him to put this property on a collateral loan on 2006 and as they didnt pay, Indian bank started attahment  and again they convinced my father in law that they will get that property back but they required time but till that time they have to pledge this property on a private bank with some legal agreement , as my father in law had some trust in them he agreed but his relatives again cheated and total debt rise to around 35.5 lakhs. As the agreement was on such a way that after 2010 nov entire property will be on that private banks name and they had done all the registration work and started staying on the house at that time only me and my wife came to know this as we discussed with some advocate they told to get back this property as it worth some huge  money, so we talked with this private bank and they given it back for 35.5 lakhs. Currently this property is in my name.With the help of adv we made an agreement with this father in laws  relative and they told they will pay it back after selling this school or making a partner on there school. But all this agreement had failed and he had agreed to pay the amount on installment and first two itself failed and he is now telling me that if I go to court as it is CBSE school i cannot attach it. Another treat is that they will suicide and put mine or my wifes name

3) From where you got the funds.

      I sold gold worth 20 lakhs of my wifes( I have bill from jewellery and there transfer details)

      5 lakhs from savings (Reciepts available)

     10 lakhs on loan

 

Regards

Anup.Nair

 
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POWER OF DEFENSE IS IMMENSE

It will be a lengthy legal battle.

 
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