My uncle had been cheated and a fraud has been done with him. I need some advice on what should be done.
He had his property mortgaged with ICICI in Mumbai, and was paying EMI regularly. Some people, leveraged him to keep his property mortgaged with them, and get a loan against it to keep up his personal needs. They presented the papers to him as if they were mortgage papers, and he did not read them. After signing the paper, they took him to sub registrar office to get the registry done. In sale deed they have put the property evaluation based on circle rate, but the actual cost of property is much higher than that. On top of that, my uncle has not got any money for that transaction.
To his shock, after few months, they called him and asked him to sign Rental agreement for his own house. Then he came to know that his house was sold and the document he signed was Sale deed and not mortgage papers.
Now My questions are:
1) Can the sale deed be declared invalid, because there has been no account transaction from buyer to seller?
2) ICICI Home loan was still continuing even after property was sold.
3) Original papers were not present at the time of registry?
Can the above clauses or any other cause this deal be considered invalid?