Hi,
I live in Mumbai. 2 years back my father mortgadged one of our property to a private financer and that financer is actually a lawyer(a local person). His(financer/lawyer) main work is to lend the money to people for interest but he really practice law even he does not know english properly.
Since 2 years, We used to pay around 1 lakh rupees to him as an interest but now since 8 months my father could not pay any interest to him b'coz my father was in judicial custody during these 8 months of period because we bought another property by mortgading this one but unfortunately seller cheated us by selling the new property on the basis of fake documents.
Whether the documents are fake or not that is still not decided by the court and the case is still going in the trial court.
During these crucial period, our fainacially condition was really unstable. One very next day when my father had gone to jail, that lawyer put a hoarding on our mortgadged house that "this house is not for sale". We could'nt do anything, we told many times to him to remove the board but he didn't. All the money by renting the house that also he used to take, we did not get a single penny. We asked him that we are ready to sell that land and some money we will take and rest we will pay him off with interest. But no purchaser approached us b'coz of that hoarding. During these period he always used to threatnd us to give him his interest or he will transfer the ownership of that property to his name. Since then he used to threatnd us but still now he has not done anything. Today my father has came out of jail on bail by God's grace.
During all these period, whenever that lawyer used to call me on my mobile and threatened me, I used to record his voice. Moreoever, many people have seen the hoarding on our mortgadged property.
1) Please tell me by all these can we get justice?
2) We are ready to pay him his all the money but this time without any interest. Do you think that interest comes here into the picture for this period?
3)Do you think that he can transfer that property to his name without the knowledge or consent of actual owner?
For your information, our property papers are with that person.
Please advice
Thanks
