Hello There,
I would really appreciate your advise on WHAT PROCEDURE NEEDS TO BE FOLLOWED in below case whereas I bought a property with possession (i let his son reside for 2/3 month though) but previous owner now refuse to evice. he now threatens.
My father run legal business of finance where he lent loan to X (Women) and few months later he lent more to the same women. we had registered mortgage for this matter.
Actual user of the above said loan was Mr. Y (son of X) who was using fund for business. He used to pay interest every month but missed many too. He paid several cheque that was bounced and we warn him for legal action against what he offered us a property to sell that was under mortgage to us.
We totally lent him 3200000 and the price of his house is 900000 and we bought it and removed 900000 of his DEBT> so remaining debt is 2300000.
we bought property on 9th oct 2014 and on his request that they needed a time to accommodate themselves somewhere else i let them live for 2 month but now at the end of 2 month they demand us to forget their remaining due that is 2300000 and give them all other legal document and NOC + demand 50% price of the house when it is sold.
We are reputed people in our city compare to opposite party who is/are having criminal background and threatens us to defame and even commit suicide at our current home to pressurize us. in reality, my parent are under pressure as their priority is reputation, not money but my focus is law and my own interest in the property.
some learned advocate says to get assistance of police for eviction and lodge petition in court and set up some sort of commission.
some says go to the court and get it evict.
my goal is to evict property as soon as possible without indulging in any personal dispute but opposite party tries to create violence situation where i am helpless. mere criminal case does not protect my interest.
i need strategy that what should i do? i have original sale deed in my name in my possession. my name is in INDEX COPY and Property TAX.
my fear is that, in any way i see justice will be served but opposite party is extremely rude and criminal in nature and they will keep harassing me.
they have on the other side stop paying interest to their legal loan. i have recovery and 138 NI option though but for that i have to send notice to their address which is actually now our property. before paying fees to lawyer or paying any fair expert, i need proper advise.
it is criminal, civil matter but i have not let them anything on rent nor on any agreement instead on notary i have their affidavit that they used to threaten me.
please advise, your respectful.