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francis (CHIEF)     21 February 2020

Urgent query pls give solution...Counsels

Respected Cousels,

Im Francis from Tamilnadu Vellore, I borrowered a sum of 7 lakhs from my friend for closing of Bank debt, whereas overall loan amount is 37 lacs, out of that 30 lacs was mine and for the remaining bank loan funds shortfall for closing i made debt from him. And clearly closed the account but the original docs and unregistered agreement for 7 lacs (whereas for giving loan here in TN ppl will make a sale agreement of the property- but its unregistered)and the bank entire closing challan copy have taken by him.

Now he filed a suit stating that i need to register the property to him. Is it possible the value of Property is more than 1 cr. Is it possible to file a case with unregistered agreement, bank challan and my original documents. But still i didnt get the MOD hcancel from the bank.

My queries:

1. He states that i have agreed to do the sale to him, and entire amount of 37 lacs have been made by him so that the bank challan and orginal docs have handovered by me - he states.

2. But for 7 lacs only the unregistered agreement made and only because of Finance crisis i made that.

3. Kindly guide me whether judge can made a decision to do sale deed to him.

Thanks 

Francis.


Learning

 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     21 February 2020

This is not the stage wherein the judge has to deliver his judgment. 

 

First of all, you need to engage a competent lawyer dealing in the civil side and file a written statement mentioning therein all available grounds and then let your so-called friend respond further in his replication. Plaintiff shall have to tell the source of such huge money and the reasons which led not to registere the said agreement if the same was for actual transfer etc.


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