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Borrowed loan but executed sale deed of the immovalble property

(Querist) 27 August 2015 This query is : Resolved 
sir s

My borther was borrowed loan from Sanjee against the executing sale deed of land an extent of 3.5 acres at the time myself younger brother was on 23-2-2005 has issued legal notice to Deputy Thahashildar the matter of fact is I have share in the said property and my brother was borrowed loan an amount of Rs 300000/- the lender is illegal executed sales deed and request to the Deputy Tahashildar do not effect any mutation / transfer in the name of sajeev but today i came to know that the property has been transfer please suggest us what to do , what is Indian law relating to this ? please advise sirs/madam
Raghavendra chitragar (Querist) 27 August 2015
sir s

My borther was borrowed loan from Sanjee against the executing sale deed of land an extent of 3.5 acres at the time myself younger brother was on 23-2-2005 has issued legal notice to Deputy Thahashildar the matter of fact is I have share in the said property and my brother was borrowed loan an amount of Rs 300000/- the lender is illegal executed sales deed and request to the Deputy Tahashildar do not effect any mutation / transfer in the name of sajeev but today i came to know that the property has been transfer please suggest us what to do , what is Indian law relating to this ? please advise sirs/madam
Rajendra K Goyal (Expert) 27 August 2015
If sale deed was fraudulent you can lodge police complaint.

Your brother can not sell / mortgage your share in the property.
Guest (Expert) 27 August 2015
A good academic exercise!

Anyway, can you please provide information on the following points:

1) On what basis you say that you had the share in the property?

2) On the basis of which evidence you can prove that the amount of transaction was taken as loan, not as sale proceeds of the property?

3) In whose name with your relation the property was registered originally?

4) In whose name with your relation the property stood registered at the time of the transaction (if on 23.02.2005)?

5) What was your age on the date of registration of sale deed?

6) On what date you issued notice to the Tehsildar, not to affect mutation?

7) On what date mutation was actually made by the Tehsildar in the name of the other buyer of the property?

8) How many brothers and sisters you have in addition to your elder brother?

9) What your brother says to justify about the stated illegal sale transaction in lieu of the loan?
Sudhir Kumar, Advocate (Expert) 27 August 2015
take help of some English knowing person
Kumar Doab (Expert) 27 August 2015
Answer all points raised by experts.
Take help to draft the post.


Also post what documents were signed when loan was taken.


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