Legal Question in Civil Litigation in India

I am belongs to schedule caste. My father in the year 1971 he borrowed an amount of Rs.800/- from one money lender, and on the instructions of the money lender, he mortgaged his land.My father paid the some of the amount in his life time and after his death I paid the remaining total amount, I requested money lender to return the document ,the land it was mortgaged to by my father. But he did not return on same protest and went on postponed the matter. Recently I came to know that, taking the advantage of the ignorance instead of getting the land mortgage, the money lender got it sold out under sale deed. It is illegal and mollified intentional transaction and I realized how they were deceived. Can I approach any civil court ?


Asked on 5/15/11, 12:21 am

3 Answers from Attorneys
G. M. Gupta gmguptaandassociates

go for cancellation of sale deed and file criminal case against both the money lender and the purchaser. both case are neccessary.

Read more
Answered on 5/15/11, 12:42 am
Sanjay Kalra Sanjay Kalra & Associates

You can file a complaint before the police this transaction amounts to cheating . Yes you can approach the civil court too.

Read more
Answered on 5/15/11, 12:55 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

yes u can and u must file both civil as well as criminal case

Read more
Answered on 5/15/11, 2:02 am
shanta rao independent

Yes. You have to approach the local civil court for cancellation of the sale deed executed between your money lender and the purchaser and urgently obtain an order of interim injunction restraining both the money lender and the purchaser from further selling the land to some other 3rd party, pending disposal of your case. Please note You will have to pay court fees also to the extent of the value of your land at the time of filing of the suit. Do not worry If the transaction as you say is fraudulent, then the case will be decided in your favour. It is advisable to approach either a local advocate who will guide & help you in filing this case. If you are not able to afford legal fees of a local advocate, you may approach the Legal Aid Cell of either City Civil/District Court/ or the High Court who will help you in filing the case through their panel advocates. In case of any difficulty you may contact me at my mobile number, I will try and help you out with the local legal aid cell without charging any fees . thank u n Best of Luck Mobile No.09920563943

Read more
Answered on 5/15/11, 11:26 pm


Related Questions & Answers

More General Civil Litigation questions and answers in India