Fraudulent loan against our property
Querist :
Anonymous
(Querist) 28 May 2019
This query is : Resolved
Property is in the name of my father and my brother has taken loan from private finance company without consent of my father.My father has not excuted any loan document as well as mortgage related document and my brother has taken loan against property with forged sign of my father. 13(2) notice has been given by the finance company ,please suggest what to do?
Guest
(Expert) 29 May 2019
Discuss with local good Advocate and send a Perfect Reply Legally to the concerned Finance Company... If required an News Paper advt regarding the same also could be made. But it would certainly land your brother in more trouble. Remember.
Querist :
Anonymous
(Querist) 29 May 2019
What points should be raised in reply with finance company ?
Guest
(Expert) 29 May 2019
Property is in the name of your Father -- Right. Your father had not even given any Power of Attorney to any one to Pledge or Mortgage the same --Right. Your Father's Consent was not taken to Pledge or Mortgage -- Right -- On all these grounds the Mortgage done by some one not legally connected to the Property is Legally Invalid and to be Nullified.-- To be on the more safer side even Police Complaint could be made on Missing of Documents and even an News Paper Advt could be made regarding the Missing Of Documents---- Any Doubt call me on 9967476751/9444036927
P. Venu
(Expert) 29 May 2019
When the signature is allegedly forged, the matter needs to be followed up through lodging an FIR.
Dr J C Vashista
(Expert) 29 May 2019
Lodge a police complaint and file a suit for permanent injunction and seek stay order for bank notice
Querist :
Anonymous
(Querist) 31 May 2019
Sir Then what should be the reply to finance company against 13(2) notice
Hemant Agarwal
(Expert) 31 May 2019
1. Father can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, forgery, breach of trust etc.... against the nefarious Son and the Finance Co, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person/s may come down for settlement.
Keep Smiling .... Hemant Agarwal
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