lending money
Querist :
Anonymous
(Querist) 20 May 2010
This query is : Resolved
my brother borrowed some money from one person..the problem is, for that he wrote a sale of agreement for our flat to him. that sale of agreement was registered, in my family no one aware of this developements. On my marriage he done sale deed about that same flat to me. That time no one in registration office objected ..now we came to know that they are planning to file a case against us..it specified as my bro has taken 7lakhs and given 9 mnths time for registration...according to that time is over..will it create any probs for my sale deed..my sale deed will be be acceptable in court??? actually my bro lost everything in business... he don't have the money to pay back...me and my sec bro are adjusting money ..but they r not ready to take..but they want interest on that...actually at that time he has given two blank cheques also...with the help of them they are blackmailing us ... they are demanding for 11 lakhs ... we don't have that much in our hands even we tried to sell the property, even though we are not getting that much amount .. how to proceed in this...please suggest us???
Guest
(Expert) 22 May 2010
As your brother has given 2 blank cheques also, you will have to handle the situation prudently. As far as the Sale Deed is concerned, you can mention that the agreement-holder did not come forward to complete the sale deed despite several reminders, hence, sale was made in favour of you. Before filing the case, they ought to give a Legal Notice. While replying to that, bring-out all the facts including the blank cheques given as security for the loan. Further, consult a lawyer to file a Caveat.
Querist :
Anonymous
(Querist) 27 May 2010
Thanks sir. Thanks for the quick response. Do we need to wait for the legal notice and reply only OR we can do anything. Today a local SI called that they approached him and asked my brother to meet. Is there anything they can do through police station. What we are saying is we can't pay interest for the money and we are ready to pay the Principal amount. I there anyway we can send a notice that sale deed is canceled, if so who has to send that..My Brother or Me (since land registration is my name now). Please suggest. Thanks a lot for ur help.
