Vikas (Level 2) 22 February 2010

Cancelation of Registration

Hi All,

I am from Mumbai, My dad has taken a loan from a private lender. Due to some reason he was not able to repay it back. Now the lender had asked my dad to temporary give the shop until we didnt repay the loan. But the private lender has without the giving any knowledge to my dad has register the property on his servant name.

We were under impression that the lender has taken in writing that after repaying the loan he will return the shop back. But now we came know that he has register the shop in his servant name.

Now on the base of the WILL my granny has executed My father, Me and my brother is having the equal right on the property. We got total 3 shop among with one shop is fraudulently took by the lender and now he is trying to sell the shop.

What can be done in this case, Can any one help me. As the property is still not partitioned and during the registration one of my brother was under age.

Regards

Vix

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7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 22 February 2010

Mr. Vikas,

Registration of Documents is not merely for the protection of one's own interest. It may serve the interests of other parties also who intend to know the owner of a shop property or the nature of interest one has in a shop property. While registering the documents registrar call upon both the parties and take their consent. Therefopre your question is not clear.

Vikas (Level 2) 22 February 2010

Want to give you some more clarification on the question.

My Question is

There is a piece of land belong to my Granny. According to the WILL executed by her the land is give to Me, My Father and Minor Brother equally.

Now due to some need My father took a loan from a lender, in 2005 Lender asked him to give him the shop in lieu of money. So he agreed to it. My father asked the lender to make a agreement which says that once the money is repaid the shop will be given back. But the lender has taken him to the registration office and done the registration.

Now my point is the land on which the WILL is executed is not partitioned, So do the lender is not needed to take the consent of me and my brother during doing the Registration.

Regards

Vikas Kanojia

Vikas (Level 2) 22 February 2010

He even didnt read the registration document during the registration. Even the copy of the registration was not provided to us

We have to take the copy from the Registration office

Anil Agrawal (Retired) 22 February 2010

Every registration requires the presence of both the parties at the registration office who are now photographed also. How could the registration be done without your knowledge, agreement, signature and photo. There is gap in the information.