Perhaps this case can happen to you juga.Karena ignorance and innocence of a person causing the loss of assets owned.
My father's debt Rp3, 5 million to B with guaranteed land titles. Then B presented the certificates were handed over to C. Apparently, it's in a name certificate by C (with the terms as they should / use as well but the deed without the consent of my father and mother) and used to apply for loan guarantees amounting to Rp90 million to the government bank, entered the court decision but stopped without any (frozen ). The question is: (1) How can we get back a certificate that has been behind the name, while C and my father already died? (2) Bank will release the certificate on behalf of C is to ask for a fee of Rp45 million, will this action right? What action should we take?
Keep in mind first when providing a guarantee for the payment / penulasan debt with land titles should be done by the imposition of mortgage in accordance with the Act 4 of 1996. In this way, in addition to any deed of mortgage of loading, loading (transfer) the right material for land recorded in the soil (soil attached to the certificate), so this avoids the transactions carried out by B and C.
Because your father had already presented a certificate of land (in fact, physical evidence) to C and C have been doing it behind his name and has menjaminkannya to the government bank, it is necessary to observe the following:
a. Given your father's dead, then you have to prove you are the legitimate heirs. Written evidence may include testimony from the heirs of headman / local subdistrict or court order.
b. After obtaining evidence of the beneficiary, you can ask for cancellation under the name of the land certificate to the court. Before that, you need to collect written evidence including copies of certificates of land in the name of your father or otherwise to indicate ownership of the land.You should know how to return the name of the certificate of land to C, because behind every name on the basis of the acquisition of certain rights, including by buying or selling or other transfer of title. Included also to find out (if any) whether the agreement or any agreement between B and C.Regarding the status of your debt to Mr. B could be one option to help efforts to land the cancellation of the certificate on behalf of C. Namely, by way of paying off the debt.
c. If you already know or even have the evidence above, then you should be able to ask for more in-depth consultation with a competent attorney regarding the cancellation of land titles and other related matters that need to be legal if done by you.
My father's debt Rp3, 5 million to B with guaranteed land titles. Then B presented the certificates were handed over to C. Apparently, it's in a name certificate by C (with the terms as they should / use as well but the deed without the consent of my father and mother) and used to apply for loan guarantees amounting to Rp90 million to the government bank, entered the court decision but stopped without any (frozen ). The question is: (1) How can we get back a certificate that has been behind the name, while C and my father already died? (2) Bank will release the certificate on behalf of C is to ask for a fee of Rp45 million, will this action right? What action should we take?
Keep in mind first when providing a guarantee for the payment / penulasan debt with land titles should be done by the imposition of mortgage in accordance with the Act 4 of 1996. In this way, in addition to any deed of mortgage of loading, loading (transfer) the right material for land recorded in the soil (soil attached to the certificate), so this avoids the transactions carried out by B and C.
Because your father had already presented a certificate of land (in fact, physical evidence) to C and C have been doing it behind his name and has menjaminkannya to the government bank, it is necessary to observe the following:
a. Given your father's dead, then you have to prove you are the legitimate heirs. Written evidence may include testimony from the heirs of headman / local subdistrict or court order.
b. After obtaining evidence of the beneficiary, you can ask for cancellation under the name of the land certificate to the court. Before that, you need to collect written evidence including copies of certificates of land in the name of your father or otherwise to indicate ownership of the land.You should know how to return the name of the certificate of land to C, because behind every name on the basis of the acquisition of certain rights, including by buying or selling or other transfer of title. Included also to find out (if any) whether the agreement or any agreement between B and C.Regarding the status of your debt to Mr. B could be one option to help efforts to land the cancellation of the certificate on behalf of C. Namely, by way of paying off the debt.
c. If you already know or even have the evidence above, then you should be able to ask for more in-depth consultation with a competent attorney regarding the cancellation of land titles and other related matters that need to be legal if done by you.
