case against lawyers
jayati
(Querist) 23 June 2008
This query is : Resolved
lawyers given his report as per avaliable public record in the concerned registry office of the last 13 years. at the time of given his openion that property free from all encumbrances as per search report. borrower can offer mortgage but it is to be suggested to the bank before creation of equatiable mortgage sport varificatipon and enquary must be done by the bank officer.and one affidavit to be taken from the browert the property is not aquired by the Government. but without complaying all the formalities and also not complying the RBI guirdline bank disburse the loan. without taking any action against the borrower , they file one case aginst the lawyerbefore consumer forum allaging his negligence, and he will be liable to pay a sum of Rs. 94,00,000/- as demarage. it is to be mentioned here that he only seen the photocopy of the tittle deed , not the original. original was lying with the bank. in my view bank try to bypass his negligence and startes protracted litigation to save their own negligence. please suggest any judgement/judgements.
Srinivas.B.S.S.T
(Expert) 24 June 2008
can you please upload the opinion given by the lawyer? we cannot decide his liablity without going through his opinion. Contact me at s_bsst@yahoo.com
KamalNayanSaxena
(Expert) 26 June 2008
Please forwrd the following information viz.
1. Nature of property
2. Property pertaining to which State
I would also prefer inspection of that opinion.
In most of the States, fact of mortgage of nonagricultural land is not being mentioned in record of Registry.
For further guidance and defence contact me on 094143-77418 or at knayans@gmail.com
Srinivas.B.S.S.T
(Expert) 27 June 2008
seems you are not interested in disclosing the facts of the case.