Issue sale of flat
SHEKHAR
(Querist) 13 September 2019
This query is : Resolved
Respected SIrs :
I Mr.Shekhar Dhawley have an query related to my fathers property as belows :
My Father Mr.D M Dhawley had purchased a flat from MR .Gopal in year FEB 2012 for amount of 14 lacs. Both of them had not made any kind of document except that on a Rs 100 stamp paper Mr. Gopal had agreed that he as agreed that he has received Rs 10 lac from my father as a payment of flat and Mr .Gopal and my father has his thumb on that paper.We has the possession of flat since then .
In year 2011 Mr Gopal had borrowed a loan on that flat from a co-operative bank and he did not inform my father the same while doing the transactions.My father died in year 2014.
Now the Bank is sending the notice to our people to whom we have rented the flat to vacant the flat.
Please help me as to what can be done legally against Mr.GOPAL. and can we bringa stay on that flat.
Regards
Shekhar Dhawley
SHIRISH PAWAR, 7738990900
(Expert) 13 September 2019
You being the legal heir of your father can approach civil court for stay.
SHEKHAR
(Querist) 13 September 2019
Respected Sir :
Thank You Sir for the reply for the query regarding the stay in court.
Also in order to put pressure on the Mr.Gopal for solving the issue as fast as possible ;can we put pressure on him by filing cheating or fraud case ?
Await reply ..
Again Thanking you in advance for your futther co-operation,
Regards
Shekhar
kavksatyanarayana
(Expert) 13 September 2019
Ji, yes file case in a court of law and at the same time file cheating case against in the police station concerned.
Sudhir Kumar, Advocate
(Expert) 14 September 2019
It is doubtful if any case of even cheating will succeed. It is your father who agreed to give him 10 lack of Rupees without registration in his name (just Rs 100 stamp paper).
Your father also did not sue him timely for transfer of ownership.
He never sold the house to your father. So he was free to raise loan on the same. Cheating case may not succeed.
P. Venu
(Expert) 14 September 2019
The title to the flat still vests with the previous owner. Was the flat given as mortgage for the loan?
Dr J C Vashista
(Expert) 15 September 2019
I fully agree with the expert advise of Mr. P Venu.
Title of the property has not been transferred in the name of your father.
Before executing a conveyance/ sale deed ensure the mortgage redeemed by the vendor/ Mr. Gopal
SHEKHAR
(Querist) 17 September 2019
Dear P.Venu Sir :
Firstly Thank You for the reply and your question
Yes Sir the flat is also mortgage for loan.
The Loan from the Bank was taken in year 2/2/2011 by Mr.Gopal. and sold to my father in FEB 2012 ;almost after 1 year after taking the loan ..
Await reply Sir
Regards
Shekhar
P. Venu
(Expert) 17 September 2019
It appears that you are in possession of the property. As such, you may take chance by initiating an action for registering the conveyance deed.
