Fraud mortgage - Illegal Encumbrance
Guest
(Querist) 18 December 2010
This query is : Resolved
This query I had asked previously, got few helping hand thanks. With time as investigation moved ahead we found various things so
Brief history of case (present status)-
In Thane (Near Mumbai) govt. passed orders that property can be registered for sell etc in any sub registrar office under the main registrar office of Thane. Since all 3 sub registrar were in one building new person could never understand any major difference.
Builders got idea to cheat they did registration of one flat in sub reg.1
Next purchaser registration was done in sub reg 2. , ........... this way he sold flat to 5 -6 times
He did first registration with genuine people who are going to stay.
Subsequent registration he kept fake person as builder , his photo, thumb imp. ,etc. were taken and shown as builder and fake purchaser was shown they both took money and now since fake purchaser is invisible and account NPA so through bank recovery agent we came to know about this
Now as flat purchaser and occupant we gave application to EOW they brought above things to record.
Now Real builder who did this in light joke note told us he sold this way entire building many times. but we need not worry he will settle everything outside.
But EOW person since he is new transfered from other dept. He said bank is cheated not we. But we insist we are in danger as bank will take steps against our flat which is on record legally with them as secured asset.
1) legally which type of crime has taken place , in legal language including section please.(kindly give from our side also not bank)
2) Any good judgment in our interest
3) Last time declaration recommendation was done , its procedure we will start soon .
But any other suggestion in this matter.
Guest
(Querist) 18 December 2010
Maharashtra flat ownership act has provision for criminal proceedings against builder if he sells flat twice ,etc but here he has changed name of firm but he has kept name of same builder but person who signed his photo is different.
So real builder says he has not cheated. When asked then how come all paper they got (people who did fraud) he says they got under Right to Information Act from various govt. dept and they have used it and made fraud. This is real builder funny stand but it is helping him to show him as innocent.
May be he has some hafta for police station also so they may not beat him etc.
One more query can advocate who gave title certificate to second buyer whether he can be held accused . (Title certificate by adv. is compulsory for registration in Maharashtra) and Adv. too have given title certificate to them which I saw
Now what are suggestion apart from declaration of title ???
