House property related -borrowed money from a businessman House property related -borrowed money from a businessman

2 years ago

My parents had borrowed money from a businessman in 2018, by keeping our house document as collateral. We have been repaying him every month for the last 3 years and have already paid more than half the amount with interest. Last week he has sent us a court notice which says my parents had sold this house to him and that we have to vacate from this house by the end of this month. He made my parents sign on the wrong documents initially on sale agreement instead of collateral agreement. Because of this we are at the verge of losing everything that we have. We came to know about this only when he sent us legal notice.
What can be done in this situation? Feeling really helpless.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You have to immediately contact local lawyer and get file a suit for permanent injunction and get a stay order so that he cannot evict you without due process of law that is without getting a Court order.

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Anish Palkar

Responded 2 years ago

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A.NO NEED TO WORRY. kindly send a photocopy of the signed documents by your parents & the XEROX of UR PROPERTY DOCUMENTS & WE CAN GUIDE YOU FURTHER..

Also how much money ur parents have taken & how much is paid back .. ..

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.To give opinion, the notice sent to you as well as all the documents executed by your parents have to be scrutinized to find out the terms, conditions, default clauses and legal implications. Please take note that without registration, the property transfer cannot be completed.

It is also necessary to know whether it is legal notice sent prior to the filing of matter or it is Court's process sent after filing of the matter. Please take note that even when the matter will be filed, the Court will not give adverse Order against your parents without hearing as well as following due process of Law.

However, it is necessary on your part to take appropriate step as per Law, otherwise that Businessman can fulfill his mala fide motive .
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