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Can a property keep as a security for a loan sold to someone else?


25-Aug-2023 (In Civil Law)
Maine apne relative ko 6,50,000 rupee udhaar diye or usne 100 rs. Ke stamp per apna ek plot mere naam per dene ke liye sign kiyaaa or ager wo paise naiii detaa to wo plot ki registry mere naam per kr degaaa.. Per ab usne wo plot ki registry kisi or ke naam kr diii h...Maine civil court m case file kiyaaa h... Ab aage is case m kyaa result hogaa plzz guide me?
Answers (3)

Answer #1
892 votes
It's depends upon the fact of the case , we don't know what kind of case your lawyer has filed ,pls take a precautionary measure and Consult for any another law to save your money and times otherwise
Answer #2
919 votes
he cannot sell off the said plot to some other person during the period while the same property is still mortgaged with you.. civil case is ok but to build up pressure you'll have to file criminal case against him as this is clear cut case of cheating and misappropriation/ criminal breach of trust... asked you advocate to file a criminal case also against this person
Answer #3
658 votes
You can prefer a suit for specific performance of contract.

If he creates a sell letter to safeguard his debt then he cannot sell the property.

But may questions arises in this

That sale letter should be registered
That it should be sufficient stamped and notarized etc.


You can also initiate criminal case for breach of trust and cheating.


The criminal case will built pressure and you money willbe back soon


Thanks

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