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raj malhotra (M.D)     10 August 2011

Pls advice

hello respected members and advocates...need advice on this particular situation....

 

mr.x had taken a bank loan on account of keeping his house worth 70 lacs to bank...house was on name of mr.x and his wife mrs.x in equal ratio...now mr.x was not able to repay the loan amount so bank was selling his house in auction for 70 lacs...mr.x wanted to save his house but he didnt had money ...so he settled the amount with bank in tune of 70 lacs and took time till 25 september 2011 to pay money to a bank...meanwhile he met mr.y and asked for help from him..mr.y was ready to give money but wanted some guarantee for the money ...so mr.x did an agreement of 15% share of his same house which was worth 10.5 lacs...now mr.y gave 5 lacs cash to mr.x and according to agreement between x and y rest 5.5 lacs were to be given on 26 august2011 at the time of registry..but as now the original registry of house is with bank and it will be releases on 25 septmber but mr.x is demanding money in advance from mr.y to pay to the bank...

how mr y should pay this money in advance without registry..mr.y already paid 5 lacs cash in advance and now is thinking of giving rest 5.5 lacs by a/c payee cheque.. and getting a full and final receipt of the agreement...now the query is...wht r the available optons in this case and how full n final agreement should be writtne and giving money by cheque..whts its legality...???thnx in advance



Learning

 2 Replies

ajay sethi (lawyer)     10 August 2011

1) firstly you should not  have  made any payment by cash .

2) if you are gving another 5.5 lakhs by cheque , obtain a letter from Mr x that he needs funds for purpose mentioned herein above 

3) the letter should also mention that MR x shall repay the money within _____period 

4) on the documents beingg released from bank agreement shall be entered  into 

5) the flat  stands in joint name of Mr x and his wife . her signature is necessary too 

pervez (adviser)     10 August 2011

Point No. 5 raised by my learned friend Mr. Ajay is most relevant in the facts stated by you... a mortgage / charge on the property can not be created unless all the owners consents and signs the documents.. how come u create and the bank accepted the mortgage... if your wife raises any objection [ done without his knowledge / consent] and file suit for injunction, she would succeeed ..... [unless the bank proves otherwise].. pl. ascertain the facts


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