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Rucha Pawar   04 November 2020

transfer of loan emi

respected sir's
my brother owned a polo car in the year 2017, but due to closure of his job he couldn't able to pay his monthly EMI's. so through of his friends he handover the car to one person, without transfer of ownership of car.that person had promised to pay monthly EMI's and get these terms simply notarized. but now that person is not paying the bills. car is in his possession. he is neither surrendering the car nor paying the money. his residence is locked.
now I have lodged police complaint but they are not cooperating. he is available only on WhatsApp calls
sir's what options I have now to get either car or that person behind the bars of jail. now the bank is harassing my brother.


 4 Replies

P. Venu (Advocate)     05 November 2020

The dispute is of civil nature and hence no police action is possible. You can file  a civi suit based on the notarised agreement. The agreement ought to be properly stamped.

Dr J C Vashista (Advocate)     06 November 2020

Being owner of the car he must file a case (suit) for permanent and mandatory injunction through a local prudent lawyer against the possessor for retrun of the car, damages and mesne profit besides the financier tor not taking repossession without due process of law

Rucha Pawar   06 November 2020

Thank u sir for you reply but my brother is not financially able to bear the litigation cost so can we request police authorities to look into it.

Adv Vinay Mathur + 8447131770 (Advocate)     07 November 2020

you can file a complaint of Cheating and dishonestly inducing delivery of property to police

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