Attachment on joint property
SAISRINIVAS
(Querist) 09 January 2013
This query is : Resolved
I have borrowed a sum of Rs.4.5lac from one person and at the time of borrowing I have kept my residence documents (which was on my mother’s name),7-Blank cheque’s ,5 Promissory notes blank and signed and two blank stamp papers of Rs.100/- and added to that we have signed on a Rs.100/- stamp paper that we have borrowed that amount for the purpose of business and would return it in a period of 1 year with an interest of 3%p.m payable on a monthly basis all this took place on 6th Sep 2010. Lender has issued cheque for Rs.3.5Lacs on my mother name and other 1 Lac he made a net banking transfer from his friends account I have a copy of my bank statement as a proof for the amount I have borrowed
After that I have paid interest on monthly basis from there upon till March of 2011 totaling to an amount of Rs.78000/-. (No receipt for interest though I paid in cash)Thereafter I incurred severe loss and I was unable to repay interest and also principal amount and this was what happened for last 1 year and during this period I have promised to repay him the borrowed amount and requested to wait for some time.
We had an ancestral property which we are palling to dispose and so I have said him I would receive amount as a share of my property so that I would settle him we have entered into agreement for sale of it and about to go for final registration and this fellow (The one from whom I have borrowed) came to know all these and filed an attachment suit on my grandfather’s property though he got my own residence documents by depositing one of the cheque’s issued by me and also a promissory for an amount of Rs.8Lacs as principal and interest to an extent of Rs.1.36Lacs stating some other person’s name in the promissory note and on the cheque and Demanding an amount of Rs.9.36Lacs.
The property on which he got an attachment was a joint property and apart from me other grandsons are also eligible for their rightful share.
Now that I have requested this lender to consider the interest @1% or 1.5% p.m and settle the amount that was due to him. But he was reluctant and demanding more money and also his lawyer is not showing any further interest to move this issue in a peaceful manner he was threatening that he would drop another cheque and encashment and would bring another attachment and make sec.138(2) applicable and would send you(me) to jail.
On the other side the buyer was very much interested to move on with registration and made the amount ready but since we had an attachment in the court of this property we are unable to move further.
What I interested to know is
Can we register the property by depositing the amount in the court due to him stating all the facts of the case by calculating nominal interest as allowed by courts? If so what is the amount that I should deposit
Can I sue him for misusage of the blank cheque’s I issued to him for the purpose of repayment of the loan amount?
Can I file any police complaint for the possession of my residence documents with him in order to avoid further problems with him?
Can I cancel the blank cheque’s issued to him my marking them stop payment?
Please provide a better idea an solution
My lawyer was not giving proper response though I asked him many times and later came to know both the lawyers are close associates
Already I paid 25,000/- for him still now no proceeding took place he filed a suit even my lawyer not replied on this can I change the advocate if so what can I do even I have no money in hand to defend the suit as the registration process was delayed due to this attachment
Raj Kumar Makkad
(Expert) 09 January 2013
In the given circumstances, you have no other option but to file police complaint otherwise you can do nothing against such person.
Sudhir Kumar, Advocate
(Expert) 09 January 2013
Who borrowed money you or mother?
Did you or did you not have a share in the attached property?
Whether your mother’s property was mortgaged or just documents were pledged.?
What happened to mother’s property?
Your questions
Can we register the property by depositing the amount in the court due to him stating all the facts of the case by calculating nominal interest as allowed by courts?
Ans : Yes you should have paid your debt long back. why nominal interest whey not market interest?
Can I file any police complaint for the possession of my residence documents with him in order to avoid further problems with him?
Ans : How documents went to him and when did they go, these questions will be essential for reply to this questions?
Can I cancel the blank cheque’s issued to him my marking them stop payment?
Ans : If you owe him nothing you can cancel and even put him to notice not to proceed with these cheques.
My lawyer was not giving proper response though I asked him many times and later came to know both the lawyers are close associates
Already I paid 25,000/- for him still now no proceeding took place he filed a suit even my lawyer not replied on this can I change the advocate if so what can I do even I have no money in hand to defend the suit as the registration process was delayed due to this attachment
Ans :You have to change the lawyer if you do not trust him. seem to have already suffered a lot .
Sudhir Kumar, Advocate
(Expert) 10 January 2013
It will be hard to convince you cousines that you had no connivance as the property in which you and your mother had partial share is attached and the property exclusively owned by your mother is intact despite pledging of documents. You have to expect a litigation from your cousines. They are indirectly being forced to pay your debt or loose their share in property.
Please come with full facts, only then workable advise can be given.
SAISRINIVAS
(Querist) 10 January 2013
But the thing is i am ready to settle the amount by paying him with maximum of 2% p.m interest and that would be from my share i am asking from others share also
Raj Kumar Makkad
(Expert) 10 January 2013
Until and unless you put the entire facts here, no definite opinion can be given to you.
ajay sethi
(Expert) 10 January 2013
well advised by sudhir kumar
Sudhir Kumar, Advocate
(Expert) 10 January 2013
You will not pay more than 2% and he will not accept it and the looser will be your cousines. Who neither borrowed any money nor putting up any bargain on interest rates.
The creditor gains he gets larger property on smaller dues.
You benefit that your personal debt is written off out of joint property keeping your personal property intact.
You are smart enough.
How can you expect your cousines to be onlookers
Raj Kumar Makkad
(Expert) 10 January 2013
*Sudhir! It seems that the querist was wants to make a play with his cousins by showing his clear intention which is not going to be fulfilled legally.
SAISRINIVAS
(Querist) 10 January 2013
Finally not only cousins Even others also saying same thing that i was smart enough and i am getting benefit
Any have Thanks for your Kind advices
Akhir Lawyer ...Lawyer hi nikhlaa Sab par Shakh kar rahe
Thanks to one all for your participation in my thread
I Will fight for this to any extent that joint property was supposed to be sold to save my fathers life but it havent Now even i am also not being saved by it
Goodbye All
Sudhir Kumar, Advocate
(Expert) 11 January 2013
This is a charitable forum where experts offer free advise using their private time and private electricity.
Be clear.
on one side you say "Akhir Lawyer ...Lawyer hi nikhlaa Sab par Shakh kar rahe"
on other side you say that "Even others also saying same thing that i was smart enough and i am getting benefit"
So one does not understand any legal skill to see through the affair.
You say that you are not going to be saved by this property. You have already been saved. The joint property is attached for you private debt and you are under your cozy exclusive roof.
In such cases there is a money suit against you which you lost and there was execution proceedings on decree and your property is not attached but other property is attached.
Raj Kumar Makkad
(Expert) 11 January 2013
You have played a fraud with your relatives and when lawyers indicated towards that trick played by you, you started abusing lawyers. Really our's is a thankless job. Voluntary service is very difficult in present days.
