Betrayal crime
8 months ago
I wanted to take collateral loan on my property to start business due to jobloss.As i having low cibil score,My sister and his husband convinced my parents and me to transfer property on their name,Sothat it will easy to take collateral loan as they are having good cibil score.but after transferred property ,they betrayed me and not responding .I have been requesting them since 1 and half year.I am now very helpless due to parents also supporting them .I have to give some amount to my sis and her husband.I am asking them to transfer it again to me ,i will take take loan ,will clear it to you and with balance amount i will settle my life .Present me along with my wife and 14 months my son came out and living seperately .I am in lot of stress and pressure and going to daily wage.Please suggest me what will be the solution for that.
You can file a complaint for cheating against them under section 420 of the IPC.
Alternatively, as the property is transferred under fraud, following are the civil remedies which are available -
A civil suit for an injunction can be filed. The prayer is made to the Court for restraining the party from the disposal of the property.
The actual owner can file a civil lawsuit for declaration and possession. The Court may state him the owner and pass the control of the property to him.
A civil suit can be filed for cancellations of conveyance deed vide which the property has been transferred illegally.
A civil lawsuit can be filed for declaration of conveyance deed as null and void with respect to the share of the owner. i.e. The owner can seek a relief from the Court that as far as his share in the property is concerned, the transfer may be declared as null and void. It happens mostly in properties held jointly by co-owners, legal heirs.