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Mortgaged propety taken by force how to get stay


28-Jul-2023 (In Property Law)
One of my close relative has taken my parents flat on morgage . This Morgage was done by mutual understanding , but the signatures were taken by force co-ercion and pressure . The Money has been taken by him , now this person is not paying the EMI , My Parents want to have a Stay Order on the flat and file a civil and criminal case on the the person who has taken this flat forcefully , I am Muslim by religion .What should I do?
Answers (2)

Answer #1
579 votes
You should first make a police complaint for the crime as referred by you and then you can also file a suit against said relative for injunction and declaration. For detail discussion you can engage a lawyer to assist in verifying you document and take appropriate steps in matter. I would required documents to be seen for further advise.
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Answer #2
606 votes
Did your parents took money against mortgage, if yes pls chk what was the term of return ing the money
Have they returned any amount ,if not then they can't approach the court but if yes then you can always file suit for eviction against illegal possessor
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