Amount on interest turns to sale deed
raj kumar
(Querist) 02 September 2012
This query is : Resolved
PLz help me regarding this matter one of my friend Suppose A have borrowed Rs 2 on int from his relative B on 1% int for 2 yrs on 2010 by keeping his house for 2 yrs and agred to py the int monthly and signed on the legal papers A's economic condition is very poor as a result a was unable to pay the int monthly also he is living with a old lady of 80yres and he have to take care as she is suffering from cancer and sugar but B is very rich and lives in Dubai What B did is that he prepared legal document regarding sale deed of the house in the yrs 2010 and took thumb signature of the old lady who did't know to read and write she thought it was paper of int she was not aware that she put thumb impressiom on parer on which sale of the house was fixed after 2 years and the language in which the papers was written A could not read also at that time A was in need of money so he signed and the wittness who was present at the time in whose present A tookmoney is also illetrate now 2 yrs are complete A didnt pay any int B calculated int compoundly now B Sent A a legal notice through which A came to know regarding the matter that in the papers in which he is signing are not papers of int but of Sale deed B sent a legal notice and as the old lady is illeterate and didnt say any report anything to A about the notice A was unable to reply Now B filled a case in the court regarding the ownership of the house and when A went to talk to the representative of the B he said Rs 60000 are needed to withdraw the case in which 30000 are included the air fare of B as he came from Dubai to mark in present in the court and A was being local resident was not present in the court and 20000 fees of the lawyer and 10000 for the expenses regarding filling a case the most important thing is that A did't have any legal paper of the house in which he and his ancestors are living from last 35 to 40 years B as a relative was aware of that case Now the amount takent was 220000 now which became 456000 including the 60000 expense as B filled a case and says he took money from bank but A took money from B and is unaware of the fact that B is providing money from bank the most important thing is that A doesnt know anything about the sale deed and does not have the copy of the agreement in which he signed in the present of witness and does not know what was written in it the only thing A remenber is that A went with the reprentative of B and thought he is signing in the paper of int but unfortunately the clever representative took his signature on sale deed Now what can A do legally Can he fill a case against B and what is the solution in this case as A is also PH and living alone with 80 yrs relative whose care A has to took and his annual income is less than 60000 what is the legal solution in this case plz advise in this case
prabhakar singh
(Expert) 02 September 2012
A is advised to get in touch of a local civil lawyer as he needs to file a suit of cancellation of the sale deed obtained fraudulently which must be filed with in three years from the date of knowledge of fraud.
You are mum to tell that was sale deed so executed is registered or not at the sub registrar's office.If it was not registered then it is bad in law but if registered it is valid.
You are also mum to tell that for what relief B has filed suit in court where must have filed the deed he got prepared against A representing loan paper.
You are also mum to tell if the deed so prepared is a pure sale deed or a conditional sale deed on default of payment of the loan.
You are also mum to tell what interest calculation is provided in deed,simple or compounding.
Stating facts of a case straight is always better than providing a long story of thrills.
ajay sethi
(Expert) 02 September 2012
agree with prbahkar singh ji
in addition state facts in chronological order . be brief and to the point .
raj kumar
(Querist) 02 September 2012
Sir Can A also file the suit of 420 against B as A took 220000 for 2 yrs on simple int of 1 % as A being in poor condition was not able to pay the int monthly but witout the knowledge of A how can B took The thumb impression of Old lady who can't read and wright and doesnt know what are the papers for.A does not want to sale his house A came to know of te case after receivng the legal notice B took signature fraudfully B register the case in the court.Is there any violation of human rights? the sale deed is registered in the registrar office in the sale deed it is written that A is agreed to pay the amount double if he fails to pay in the amount ant agreed to sale the house to B on 26 7 12 A ttok on int but B prepared Papers of Sale deed A have no knowledge about this what are charges A can Put against B May b pure sale deed
what can A do
prabhakar singh
(Expert) 02 September 2012
A criminal case may be filed but civil suit for cancellation of deed is legally a must action to be taken.
raj kumar
(Querist) 05 September 2012
Sir let me explain the case in brief and advice me
1. A is the owner of one house measuring 5 marla
2. According to B, A entered into an agreement to sell dated 27.7.10 with all rights @ Rs 600000 in total A received RS 220000 as earnest money at the time of execution of agreement in presence of the witness to sell of the agreement to sell
3.That at the time of entering into the agreement to sell A agred that the sale deed executed on 27.7.12 and received te balance at the execution of the sale deed and if A fails to execute the sale deed in favour of B A will be liable to pay double the amount of the earnest money and B will have every right to get sale deed executed in his favour through the process of law and A were liable for the ownership and possession of the agreed property
4. on 27.7.12 B marked his presence in the office of the Sub registrar with the balance consideration amount and other borne expence to execute sale deed in favour of B But A did not come and was not present
5 If A fails to execute the sale deed in favour of B within 15days from the receipt of Legal notice B will have no other option but to file civil suit for specific performance of agreement to sell and A will be responsible for the expences,cost and concequences
Sir Now I just want to ask as A took money on 1% int for 2 yrs and agreed to pay int monthly and signed on legal papers prepared by B thinking as he is taking money on moderage by keeping his house of which he doesnt have any legal papers but is of his forefathers
what can A do khow because A Has no knowledge and A is physically challanged
B is counting int on int A being Physically Challanged is not in a condition to pay the whole amont at once
is there any way through which A can Pay the money in installment to B through a legal process
