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srinivas (shop owner)     10 July 2012

Equitable mortgage question

My relative deposited his wife's property title deeds and borrowed money from a bank. Since he failed to repay the debt, the bank decided to auction the propery. When my relative beg for my help, I payed his debt to bank and I received the title deeds. The borrower also wrote promissory notes for that amount. The borrower himself don't have any assets on his name. Now, borrower is refusing to pay any interest and pricipal amount.

1. Can I file money recovery suit based on equitable mortgage?

2. Is there any  other options (like going to police station)?



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 1 Replies

Rajeev Kumar (Lawyer/Advocate)     10 July 2012

If the promissory note is duly stamped and registered then you can file a money recovery suit as well as you can file criminal cases for criminal breach of trust u/s 406 of ipc and cheating u/s 420 of ipc

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