Redevelopment
amol
(Querist) 27 March 2013
This query is : Resolved
May i know the procedure for mortgaging the plot belonged to MHADA for obtaining the loan from bank ?
Can a plot belong to mhada kept as a mortgage by a developer under redevelopment scheme for obtaining loan from bank ?
If a plot belonged to MHADA is kept under mortgage by a developer for obtaining loan from bank without NOC or permission from MHADA when what action can be taken by MHADA or any other pserson against the said malafide act of the developer and bank officials ? under which provisions of Law act action can be taken against the suspects pls provide me the aforesaid information
and judgement if any passed by SC or HC in that regards
thanks Sir
Adv k . mahesh
(Expert) 27 March 2013
bank people may take permission without that they wont issue loan
Devajyoti Barman
(Expert) 27 March 2013
Who are you and how are you related with this dispute?
Writ remedy lies but for this you need to have locus standi.
amol
(Querist) 27 March 2013
dear sir thanks
i am an advocate
my specific Q is
what action can be taken by MHADA or any other pserson against the said malafide act of the developer and bank officials ? under which provisions of Law act action can be taken against the suspects pls provide me the aforesaid information
pls guide
thanks
ajay sethi
(Expert) 27 March 2013
check the provisions of agreement entered into by MHADA with the developer . there must be clause that if no permission taken then MHADA can take penal action against the mortgagor .
Raj Kumar Makkad
(Expert) 28 March 2013
No person can mortgage the property belonging to other. Bank cannot recover its loan against such property without obtaining prior permission from its owner which in the given case is MHADA.
Bank could not have advanced loan against such property without obtaining NOC from MHADA and if the same has been done then this ia clear fraud with the the third party hence a criminal case under section 420 IPC is maintainable apart from civil remedy to getting such property released from mortgage.
