Legal Question in Civil Litigation in India

Hi my question is little lenthy please read it.

My brother in �law is a builder. He sold one flat (for 15L in 2010) to me but it already registered to some other person and by changing the boundaries he also done 2nd registration to us.

When we have asked him. He said he pay back the money with interest. I took some blank checks and promissory notes with his signature and also we have also taken latter in 100 bound paper saying that he have done second registration to me and he will pay the money back in one month.

Now he absconded and I don�t know where he is.

He has a house worth of more than 50 L. He mortgages that house to a financer in 2009 and without releasing the mortgage he register that house to the financer.

I got that house documents. Now my question is- � can I give a attachment to that property as I have lot of proofs that he have cheated us (blank checks and promissory notes with his signature and also we have also taken latter in 100 bound paper saying that he have done second registration).

And my second question is as he done the registration without releasing the mortgage we will get any positive results if we proceed in this angle.


Asked on 9/23/11, 2:33 am

3 Answers from Attorneys
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

File a suit for Cancellation of sale deed at your respective jurisdiction, that is with regards to the flat sold to the second party. and with regards to your second question I need exact details to answer it.

Sanjay K. Dixit, Advocate,

Davanagere

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Answered on 9/24/11, 11:12 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

well u can file fraud against that person but attachment of both the properties seems bit difficult

for 2 reasons

1. the said was already registered now if ur brother in law played fraud the above registered owner can not be the party to it

2. the mortgaged house if registered for financer than it means he may have in lieu of that mortgaged amount kept that property with the assent moreover that mortgage was done before the time when ur liabilty arose ....

so i would suggest talk to a lawyer personally so that discussing facts in detail may lead to some law whch will do justice to your case ...

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Answered on 9/26/11, 11:19 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with adv Vishnoi

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Answered on 10/14/11, 12:46 am


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