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SPRakesh SP (others)     23 April 2010

Court Decree on our house

Hello All,

I am Prashanth and I am a resident of Bangalore. This post is about a court decree granted against our house.

My dad had taken an advance of around Rs.110,000/-  ELEVEN years ago in 1999 to lease out our house to a person. Due to some inevitable reasons we could not lease the house to the person. Hence we had to return back his advance. However, due to financial problems we could only refund Rs.55,000/- to this person.Hence we had to still pay him Rs.45,000 which we haven't paid him back yet.

Now, after 11 long years this person turns up and asks for the balance Rs 45,000 and the interest totally amounting to Rs.1,80,000. He also says that he has a decree on my house and can evacuate us at any moment if we donot pay him the amount he claims. I am not in the position to pay him any amount.  Moreover, my father died 3 years ago in 2006. Also the house that i'm talking about has come to us by heredity from my grandfather.

All the agreements have been made between my father and this person. Neither me nor my mother are part of any agreements. Also, I was just 12 years old when this happened in 1999.

So my question now is: Does the court decree on my house hold any value now on my house or me or my mother??  Should we really respect the decree ?? Can this guy get us vacated from our own house for no mistake of mine or my mothers' ??

Please answer thisquery at the earliest as I need to speak with this person very soon. I will be thankful to all those who can help me:)



Learning

 1 Replies

Suryanarayana Tangirala (Advocate)     23 April 2010

Ask that man to show decree copy if possible take a xerox copy,had he filed suit earlier u r father should have recived notice that can be check only court record for that u need to know case number,court and such info,firstly dont panic, try to gather info and dont make any commitments and accept that u r father ows him money.


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