misusing of my document

Re-written property on your name without consent of your son is not valid.

Sir

I have given my property to my son after keeping all the rights with me.(Settlement deed). My son has pledged the property without my signature and the bank authorities also not taken my signature. Without my consent, Is the Bank have the right to accept my document?

Dear Mr. Vijay,

The Bank do not have the right to claim the Property if you did not give the authority to your son to pledge under a settlement deed othewise bank can claims for debt.

Documents to be verified before taking any further steps.

sanjeev desai

 

The Bank do not have the right to claim the Property if you did not give the authority to your son to pledge under a settlement deed othewise bank can claims for debt.Documents to be verified before taking any further steps.

For further querries or help u can contact me at: rakhibudhiraja@gmail.com

Mb-09711364956

Off.-253, Aggarwal Shopping complex, CD-Block, Pitampura, Delhi-110088

Dear Mr.Vijay

                      You are absolute owner of the property acquired by you with your own funds you can transfer your right of ownership only through sale deed or gift deed duly registered before registerar on stamp paper on valuation of thedproperty other instrument is not to be recognized as transfer deed /instrument  and a will if written will be actupon after your death ,so,the Bank cannot do wrong against you you may give a written representation to the bank of this illegal pledge of your property without your written consent.

Mr Vijay !

I agree with lrd Friends and furhter add that ;-

The  Settlement  by you in favour of Your Son in the year 1990 is with life interest in you .The  Bank is deemed to have  accepted your life interst in the proerty by terms of the Settlemtn Deed in favour of Your Son .The Bank is bounbd by the Contetns of the Document by which they accepted the Mortgage .In the year 1993 the proerty is allegdly mortgaged  by son to Bank with out your notice .You have life interest , your consent out to has been  taken before the mortgage is accpeted by the Bank .Durign Your Life time there is  possibility of any thing on the proerty and  You have constructed the House after re writing the property  in your name .

It is not clear whether  the Settlemtn deed in the year 1990 and Re- Writing in the year 2006 are reqisted Deeds . If so the saem will reflected  as transactions on the proerty

 The Bnak is Co- operative Bank  covered under the Local Coperative Act

You can file objections/Applicaion / befoe the Co- Operative Tribunal against the bank for their  Ilelgal action and other recovery proceedigns against the Proerty  

 

You have constructed  the House in the proerty , it is creation of asset by you on the proerty , This was not charged even according to the Bank . The acreation to the proerty is not by  the alleged  Mortgagor . They can not disturb your property durign Your Life tie 

 

 

One of my closest friend's husband is working in the government dept and thru an acquaintance came to know about a lady dealing in properties. The said lady also used to throw names of political clouts and she told him that she will get a property at a very cheap price under some ULC quota. This went on for 3 years and my friends husband kept on giving cash payments to this female. She also got the propery registered in my friends name and paid the correct stamp duty. But the said female did not give the original documents and the keys of the said property ( flat measuring 1200 sq.ft). Instead gave the xerox copy of the agreement and said that it will take sometime for the ULC matters and again took some money. The entire payment made by my friends husband is to the tune of Rs.25 lacs. The possession letter from the builder is also there. But all xerox copies. We checked up with the builders office also and he has also confirmed that the property is still in the name of my friend. In the meantime the said female has obtained some thumb impressions, photographs and signatures of my friend and prepared a Power of Attornery and has sold the flat with a conveyance deed to a third party. The said female is absconding. Before absconding she smsed my friends husband that she is committing suicide. But now we have traced that she has a criminal background and she was arrested in the year 2004 for some land dealings. she has also done similar frauds with others but apart from my friend no body has any documented proof of sale. Our sale agreement is registered. She has misused those papers and made a Power of Attorney.

How can we go about with this case ? Under what sections we should move and what are the immediate actions we need to take.

We have taken the search report and found out that the conveyance deed has been used. The builder has not given any NOC and the property has not been transferred according to his office. The money transactions have happened between the new buyer and the said fraud female. What should be done from the angle of Income tax - Capital Gains as the property has been sold at a higher price as per the conveyance deed. The fraud female has to be booked under various sections of Crpc. What will be those charges and how should we go about in this case.

 

 

Dear Vaidyanathan To know the merits of the case full details of the Case are required . As per Your case particulars , the Documetns which are effecting the proerty are required to be verifed and Your party is holdign Regd Sael Agreement and xerox copies are with you and some documets are prepared by the said person and a Docuement is executed by her in favour of some third party purportign to be a conveyance of sale . I am of the opinion that your party has no title it was only Agreemtn to sell by Builder and the sale deed to be executed in favour of Your party . Teh alleged GPA and any deed under by said X person on behalf of your party can not convey any title . on the given facts if my version is correcr, your party immidietly has to fie a suit for dclaration of such docuemtns as null and viod and with out any consideration and in this regard the Builder can also help you, as the Title on the Flat appears to be not registered in the name of your party . apply these things to yopur case . with regard !