Forged property document

If the property is transferred based on forged documents, then the person who created them is more guilty than the person who bought the property based on these documents. You had a right to verify the title of this property by showing the documents to a lawyer. HDFC Bank has dispersed loan to you and bank money is public money and so there is no question of not repaying this money. However, you have a right to defend yourself, take advice from a good lawyer.

You must have heard: " Buyer Beware".

It was an obligation on your part to complete the due diligence, and check the title,encumbrance etc..........................and you should have done it thru an able lawyer.

Before dispersing loan Bank is bound to check the documents and title.

How comne bank has disbursed home loan on the base of fake and fabricated documents?

Usually such cases are referred to CBI.

It is now upto you to apply your resources and find if Bank/BM/Bankers are involved and pocketed undue benefits and see what relief/compensation you can get from offenders.

Or you can send it to MD Aditya Puri; adityapuri@hdfcbank.com

RBI: governor@rbi.org.in

Vigilance cell of RBI

Media

Police

You have availed the loan and you have to pay back.

You can explore the elgal option after spending qulaity time with an able lawyer dealing in such/banking/property/revenue/civil matters and shwo all docs on record.

Well advised by experts, I fully agree.

However, did the HDFC Bank retain original documents qua the property morgaged or not?

As per policy the HDFC Bank will never sanction and release any loan till they have full set of documents of ownership and agreement to sell to its borrower with undertaking, indemnity bond, affidavits will etc. duly registered in favour of HDFC Bank, please check with the Bank and help out prosecution to establish cheating, forgery, conspiracy and impersonation committed by the accused persons. 

Thanks for the kind advise..

Currently the HDFC Bank is holding all the docs. when we apporached the bank, the bank lawer who then told that all the documents were fine, now saying there is an legal issue.

The worst part is that the bank did not demand more ID proofs from the seller. At the time of registration the seller showed fake voter ID and bank accepted the same. They did not even bother to check the seller PAN card. The HDFC bank people were totally not aware of the TDS part as result as a buyer I paid on my own pocket.

Since this being the cheating case, should I seek a criminal lawer?

You have not been able to read between the lines.

You should make these bankers, bank make good for your loss and it requires skills.

You have posted that:

---“when we apporached the bank, the bank lawer who then told that all the documents were fine, now saying there is an legal issue.”

Telling,told,saying,said etc are all verbal mode of communication and are not on record.

The bank does not operate on verbal legal opinion and the process/SOP entails many levels.

During the case all documents,opinions etc shall come on record.

It is almost sure that you may not get anything until you route RTI thru RBI or produce an order by court.

---“The worst part is that the bank did not demand more ID proofs from the seller. At the time of registration the seller showed fake voter ID and bank accepted the same. They did not even bother to check the seller PAN card. The HDFC bank people were totally not aware of the TDS part as result as a buyer I paid on my own pocket.

Since this being the cheating case, should I seek a criminal lawer?”

The bank, deedwriter, SRO has to see originals and has to mark ‘OSV’.

You seem to be inclined to give the clean chit to M/s HDFC bank.

Let your lawyer opine if M/s HDFC bank, BM, all Bankers can be pulled to DCDRF for heavy penalties, to be paid to you? The Admin of the Bank may have provisions to deduct the loss caused to bank from terminal benefits.

Approach some seasoned or retired Banker/bank union leaders who know the system in and out.

Don’t suffer from SFP/PCN (Self Fulfilling Prophesies/Pre Conceived Notions).

Find all assets of fraudster and obtain injunction on disposal of assets.

There is a class of fraudsters which will prefer to go to jail than to pay and a class that will vomit on the very thought of jail time.

Apply all of your resources.

The court may not waive off your liability to pay debt and order the bank to grant you waivers/concessions.

You should contmeplate to claim damages.

Defend your interest.

Try to make good for your loss.

Approach your trusted an able lawyer.

Litigation can be lengthy, stressful for many indivisuals.

Be prepared to Act with resolve.

Either you must be hinding some facts or there must be some missing links.

Advocate has to discuss each issue and link documents, and only after legal opinion is given, Bank has to disburse the loan.  Without legal opinion, they can not disburse the loan.  However you should be in a position to identify the real culprit and the middle men that brought the seller to you, and if both of you are related or friend in any way then you can not defendant yourself.

However if they are utter stranger, they may exonerate you giving a benefit of doubt depending on other antecedeants.

Without verifying the title of the property through their lawyer Banker do not sanction any loan . In your case Banker cannot deny their such duty before sanctioning home loan to you. I lead a CBI case at Madras where a broker, one fake landowner, two Bank officials and a Bank lawyer involved in a Bank loan for Rs.2.3 crores by forming a racket made a scam.  The case was continued for 3 years and the racket were booked and jailed.  Sorry to say before buying the subject property you might have failed or neglected to search the title of the properly that caused the present position.

Hi Lawyers,

Thanks for the insight. Like the gentleman who posed this question I am also another such victim of fraud. I am a busy IT profressional who decided to buy 2 flats. I met the seller through a broker and he showed me the property and everything was fine. Upon enquiry in the neighbourhood, I was told that he is a genuine guy and I do not need to worry about it. I applied for a loan with Canara bank and I was told that they had done all the verification and then sanctioned the loan. I had paid Rs.20 lacs as downpayment from my own pocket. I was made to sign a bunch of papers (approximately 300 to 400 pages) among which supposedly a notice saying that I am taking possession of the property which was not even complete then. I was not even aware of the existance of such a document. After the promoter/builder got the cheque from the bank, he started avoiding me. I followed up with him many times and one fine day I went to the property and confronted him upon which he let his goons loose on me and threatened to kill me and rape my wife if we come to claim the property again. I had allready paid 3 to 4 emis' by then with utter hardship. I am on a limited income and this property was meant to recover some of the amount by way of rent. I informed the bank of my inability to pay the emis' and requested them to take matters into their hand since I cannot take them on due to their influence. The bank kept on dilly-dallying and finally said it is my fault that I had signed that paper mentioning that I had taken possession of the property. Later they changed their claim saying that the builder had cheated many people the same way and they are filing a case against him and once done, they will send me a copy of the notice (which I have not received till now). I am assuming that the bank manager was also hand in glove with the builder and had taken a good sum of money. Now they are saying that they are instituting a case of NI act against me for cheque bouncing and claiming the entire pending amount of EMIs'.

As I mentioned earlier, I am on a limited income, after taking out the amount of money I pay for rent and household expenses and family support, the remaining amount is not sufficient for covering the EMI, that is why I was looking forward to rent out the property to cover for the EMIs. Also, for the downpayment I paid of Rs.20lacs, I had to save for a pretty long time to see that day.

What is my legal recourse? How can I take on both the bank and the builder and recover my money? What legal steps should I take to safeguard myself from prosecution?

To find out a legal solution of your problem you shall have to sit in a conference with me alongwith all papers and documents relating to it.