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From thirukural

Virtue will confer heaven and wealth; what greater source of happiness can man possess ? 

- Thiruvalluvar

An interesting Land-grabbing case

A lady who was in need of loan for her son's business had approached a person who promised her to obtain a bank loan.  As the process was getting delayed, he has introduced her to a Bank Manager who has given her Rs. 50,000/- loan after taking her land documents (the land was situated near chennai sub-urban area and was having a value of Rs. 1,50,000/- during that period).  When she tried to obtain the documents from the lender after a year.  He simply told her that the land has been sold as she has not paid interest and principal in time.  When she approached me, I asked her as to whether she has signed any document and/or visited Registrar office.  She said that she has signed some loan documents and not visited any registrar office to execute any deed.  I asked her to lodge a criminal complaint against the lender and his accomplice.  Unfortunately, there was no land-grabbing cell operating at that time in Tamil Nadu Police Department.  As usual, they asked her to go to Civil Court and obtain remedy.   Meanwhile, I had a thought that there must be some document registered which is why the lender is so adamant.  When checked through the Registrar office concerned, no encumbrance (that time General Power of Attorney Document was not reflected in Encumbrance Certificate, hence, that needed to be checked personally).  To be on a safer side, the lady's self-acquired plot of land was settled to her younger son by way of a Settlement Deed. After registration of settlement deed, obtained an Encumbrance Certificate to verify the registration. In the EC, there was a Sale entry (luckily the Sale Deed was registered a day after our Settlement Deed).  A copy of the Sale Deed was obtained and it was seen from the document that the lady has appointed the lender as her Power Agent and by virtue of that document he has sold the land.  As I had some sort of premonition or something learned through practice, I have drafted the Settlement Deed in Tamil in which a sentence was included ''The land being settled herein is not encumbered in any manner and I have not executed any General Power of Attorney Deed and if there is any such GPA it will not have effect after this Settlement Deed, etc..''.  After learning that the land was sold illegally by the lender, a Legal Notice was issued to him and the buyer, which did not invoke any response (other than that the Buyer of the land  threatened my clients and me when his negotiation to buy us failed), hence, a Private Complaint was lodged at Magistrate Court to direct the police to investigate the case and register complaint. During the admission stage, the Magistrate asked as to how the ''Prohibition of charging exorbitant interest Act'' (in Tamil ''கந்து வட்டி தடுப்பு சட்டம்'', which was enacted during that time by Tamil Nadu Govt after the suicidal death of one famous film producer) will be applicable in this case. As the act defined the ''exorbitant interest'' as the one in which the lender charges his borrower any money or material (in Tamil ''பணமாகவோ அல்லது பொருளாகவோ''), my submission was admitted and the police were directed accordingly.  (Even my colleagues were having negative thoughts that the case will not stand!).  When the Buyer learned this, he paid my clients a reasonable amount which was reached after several negotiation meetings!  Thereafter, the case was withdrawn and also the Settlement Deed cancelled.  This case ran for about 2 1/2 years and I have endured several threatening as well as resisted several offers of money (At one time, the accused were even offering 1/2 of what they were asked to pay the legitimate owners!).   

Looking back, feeling satisfied that if you are right, everything will be right! Listening to inner-voice helps, always!

A point of mention that the TN Govt has initiated several steps to safeguard the interest of the innocents.  (i)  There is a separate cell operating at TN Police department to handle land-grabbing cases, (ii)  General Power of Attorney document registration is to be made at the concerned registrar office where the property is located, (iii)  GPA entry endorsement is reflected in Encumbrance Certificate, which will alert the buyers regarding the existence of such document, (iv)  Registration fee for GPA (for appointing an Agent who is not a family member) enhanced to Rs. 10,000/-. 

STUBBORNNESS HELPS!

To remain virtuous rather victorious, stubbornness helps!