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UMy grandpops brought a land some 30 years ago and he equally divided it among my Dad and his elder brother before his death.
My dad used his share of the land as leverage to borrow money for my education through a acquittance of his brother (Around 2L). This was around a decade back and during this time our relationship was all good and my dad was paying his brother the interest amount all this time.
You may wonder why a decade? The reason was we got caught up in other expenses that we couldn’t pay back the principle amount, but we did pay the interest amount every month without fail.
Fast forward to now, my Dad’s brother has now put his house’s gate, septic tank, borewell all in our share of the land (way way beyond his limits). When we objected this he says it’s now his property.
We tried telling him that legally that land is our property, but he says to go talk to the financier (who was the acquaintance). Turns out that guy is a goon and he is now threatening us to pay 8 lakhs in order to release our documents.
What can we do here to get the right to our land back? We are scared of these goons because the cops, the politicians are all in their pockets. -
CDo you have a loan agreement copy?
File a case. Even your dad’s brother won’t be able to use it until the court order.-
UThese are the documents I physically possess:
* The photocopy of the document which my Dad owns. (Original is with the goon lender)
* The loan agreement with the lender, I guess it’s PoA (sorry for not being sure, but can confirm ASAP)As per your advice who can I file a case against? The lender or my Dad’s brother? If both are possible, against whom do I have the better odds?
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VLawyer from delhi here!
First of all submit a police complaint with local police and send a copy to the deputy commissioner and commissioner of police.
Also send a copy to the chief minister’s office.
Then file a suit for title declaration and demarcation of the property in the local district/civil court.
Loans can be given on interest only by banks, registered nbfcs, licensed investors and other govt regulated bodies and a complaint can also be filed with the economic offence wing, RBI and Income tax department and use this as a leverage to settle the matter.
This will put all the nails in the coffin so tight and hard that no matter how powerful the person is, he will have to bow down.
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