please help me
ranjithreddy
(Querist) 18 April 2009
This query is : Resolved
i am a CA student,3 years back my father gave some money to a ST candidate to be as a worker at our fields due to non-compliance service by him(he is unable to return money) he gave his land pass book to my father.(11/2year back my father expired)so in that they gave us a paper as they will later,if they not repay we can ask them double to that money all this matter written in a paper which may not be leagally enforciable(say a note book paper) can we handover the land.I don't them till now so i'm unable to contact them can any suggest me how i can get land/money leagally through police/MRO
adv. rajeev ( rajoo )
(Expert) 18 April 2009
Dear Ranjithreddy,
Ur father gave money to ST candidate, he has given land pass book to ur father when he failed to repay the money and there are some written papers.
Whether ur father had agreement of sale of the land which is given by ST candidate. whether written document is promissory note,it is not clear in your question.
If it is agreement of sale then u can file a suit for specific performance after issuing a notice to the ST candidate. If the written documen is promissory note then u can file a suit for recovery of money.
for SC.ST there will be some conditions to alienate the property, first u go thru., those conditions and meet the lawyer to issue the notice to that candidate.
navendu kumar
(Expert) 18 April 2009
please make your question clear. What I understood that your father gave money to a person and in lieu of that he gave his land and it's pass book.
it seems that there was no valid agreement regarding the possession or the sale of land. As I gathered that your father had no license for money lending. So, all the act done by your father had no legal sanctity. You can lodge FIR, but, it would not be that much fruitful. Better to get the money by social pressure or by the threat of police case.
Y V Vishweshwar Rao
(Expert) 22 April 2009
1- The Money is given for expected Services ,but not rendered
2- as mentioned by Reddy his father died 1 1/2 or 11 /2 years ago
3- Land Pass Books are given
4- some document is written
5- It is payment in advance for Services - Services not rendered - then it is recovery of Advance paid -
6- A Note Book/ Notes /Memorandum So !
7- The Land is in his possession , the amount is not returned
8- the land is Tribal Land or not
It appears the land in your possession as charge/ mortgage though not specifically agreed (concluded)
The Party is not known to you and his where abouts not known
What is actual Problem !
The further details may be mentioned
Sachin Bhatia
(Expert) 06 October 2009
Agreed with the above advises....
