Legal Question in Civil Rights Law in India

Question :: SIR,

I AM SATISH ,

1)I HAVE ADVANCED 14,00,000/- AND OBTAINED AN UN REGISTERED CONDITIONAL SALE WITH MORTAGAGE DEED, AND THE TIME SPECIFIED IS 6 MONTHS.

2)FROM THE ACTUAL DATE OF THE DEED EXECUTED ON AN 100/- NJ STAMP PAPER, IE ON 6-7-05, IN A CONDITION THAT, IF THE AMOUNT ADVANCED AS LOAN IS NOT RETURNED WITIN THE SPECIFIED TIME , THE PROPERTY , WHICH , IS MENTIONED IN THE UN REGISTERED MORTAGAE WITH CONDITIONAL SALE SHALL STAND TO EFFECT. AND ALONG WITH THE DEED , ALSO THE ORGINAL TITLE DEEDS, WITH RESPECTIVE ORGINAL LINKS ARE ALSO HELD AND MENTIONED IN THE DEED.

3)AND MORE OVER AS DUE TO FINANCIAL COMPLICATION , THE PERSON TO WHOM. I HAVE ADVANCED AMOUNT HIS PROPERTIES ARE UNDER ATTACHEMENT BY CBCID, UNDER SEC 5 OF AP DEPOSITORS, ACT 1999.

4)I NEED TO KNOW HOW CAN I GET THE PROPERTY FREE FROM ALL ENCUMBERANCE IN MY NAME , AS GENERALLY IT IS KNOW THAT, WHEN WE FILE A SUIT , NORMALLY THE COURT AFTER TAKING IN TO CONSIDERATION , WOULD PUT THE SAID PPROPERTY FOR SALE, BUT HERE OUR REQUIREMENT IS NOT TO PUT THE PROPERTY FOR SALE AND RELIASE THE AMOUNT AMOUNT BUT TO SPECIFICALY OWN THE PROPERTY. AND THE VERY INTENTION WE HAVE ADVANCED THE AMOUNT TO THE SELLER.

KINDLY LET ME KNOW IN CLARITY AND HOW TO FOLLOW THE SAME .

REGARDS

DR.SATISH


Asked on 11/10/10, 10:06 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the process of attachment and sale has to follow as you not the owner of the property and is merely mortgaged to you. now the court has to decide as to who should be given priority to realize his debt.

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Answered on 11/10/10, 10:57 pm


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