Fraud in selling the flat
RajeshKumar
(Querist) 10 April 2013
This query is : Resolved
Dear Sir,
We have purchase a residential flat from the seller in July 2012.
After the purchase we have done the registeration and paid the stamp duty (August 2012).
The total cost was 10 lacs.
We have got the electricity meter transfrred in my name also in September 2012.
Now recently we got a notice from a bank saying that the seller has taken the loan frm their bank and has not paid the dues for more than 3 years.
So they will secure the property and will take it in their custody and I will be forced to move out of my house.
I have checked the bank documents and have realised that the seller has cheated me.
Please let me know in such situation what I can do.
How I can recover my money from the seller
ajay sethi
(Expert) 10 April 2013
how did you purchase flat without going through the original documents?
if original documents were in bank posession how did you buy the flat . seems you have been grossly negligent .
file complaint for cheating against seller
ajay sethi
(Expert) 10 April 2013
contact a local lawyer and reply to notice issued by bank . was flat mortgaged to the bank
RajeshKumar
(Querist) 10 April 2013
Yes the flat was mortgaged to the bank. Which I was not aware.
Sudhir Kumar, Advocate
(Expert) 10 April 2013
You are inheriting the title vacated by seller and the bank is not responsible for your lack of due diligence.
You either recover losses by civil suit or file criminal case against seller.
if you file a civil suit be sure he has mastered evasion art.
If you file criminal case be sure he has link in police.
Devajyoti Barman
(Expert) 10 April 2013
In the sale deed there must be a standard indemnity clause.
Now to save your interest repay the debt and recover the same from the seller by fling civil suit.
Case of cheating would also lie against him.
prabhakar singh
(Expert) 10 April 2013
The property has now come in your hands with loads of bank debts over your head for which you are solely responsible as your vendor must not have been in possession of his title deed and that should have alarmed you
and you did not go even for checking encumberences.
Any way you should file a case of cheating in criminal side and a suit of damages in civil side.And if he has properties you should move for attachment before
judgement.
But i think you might have shown smartness also in undervaluing the sale deed to escape with duty.
Raj Kumar Makkad
(Expert) 10 April 2013
Nothing to add more in the given replies.
B K Raghavendra Rao
(Expert) 11 April 2013
You are legally liable to pay the bank dues. Or else the bank may recover the same by auctioning the property.
Option left to you is that you should file a civil suit and recover the money from the seller. You may also file a cheating case, but that does not work as the matter is of civil in nature.
