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Person delaying sale deed after receiving cash to pay for bank loan


29-May-2023 (In Property Law)
My uncle's son  received Rs. 20 lakhs from me to pay for the loan that he received from the Repco Bank, Dindigul. He got the loan from bank on mortgaging his house. The house was subjected to auction for no repaying of loan to the bank for a long time. At that time he came to me for help asking me to pay the loan amount to the bank with the agreement that he would sell the house to me for Rs. 45 lakhs. Thus, we paid the loan amount to the bank and saved his house from auction. When we asked the branch Manager for the returning of Original Document, we were told that a case against the bank (filed by Uncle's son) to be withdrawn, first. Only after obtaining the court order of withdrawal of the case, the document would be returned. On this contest of withdrawing the case, my uncle's son is dragging the case for more than 18 months. He does not care for the time delay. I am in very stressful state. I do not know the way out. Please give a solution.
Answers (1)

Answer #1
580 votes
It all depends upon your position, and the relationship with your seller. You can either file a suit in the court for specific performance of the contract and thus implead yourself in the lawsuit filed by your uncle's son against the bank. Otherwise, you can also initiate criminal proceedings against your uncle's son and thus bring yourself in the proceedings.
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