Reagrding title
jayeshmankodi
(Querist) 19 May 2012
This query is : Resolved
As in one of The Bank an applicant(proposed Purchaser) of the property applied for a mortgage loan.Bank as per the procedure obtained report from an advocate.advocate on scrutiny of file found that The sale-deed in fvaour of vendor (the seller) was made for an open plot and it was after the completion certiifcate hence Bank's advocate hold the file with a query that after completion open plot sale-deed was made.Thenfater The application was submitted in corporation as party said that there is a mistake in mentioning date of completion and Inward copy was submitted to bank's Lawyer.Bank Lawyer had earlier also informed regarding technicality and on basis of this application submitted his report.Bank after the procedures sanctioned the loan also but then due to dispute on some other ground purchaser refused to purchase the said property and cancelled the loan and hence Bank account closed.The seller had received the amount of consideration in part i.e.black amount and white amount.Now the purchaser is asking seller to pay him the said amount + Banks expenses against which seller is not ready to pay the bank charges amount and also telling thta contract limitation is over.Now The Purchaser advocate advising purchaser for Criminal Actions against Bank,Bank's Advocate and The Advocate who had prepared earlier sale-deed.As in this case The proposed seler has not executed sale-deed due to dispute and Bank had holded the cheque as sale-deed was not received by them.Now in this case What actions can be taken by purchaser?Yes another thing is that purchaser have taken possession of all original documents fromthe Bank.Now without entering in to sale-deed can he have such possession? Please advise.
Shonee Kapoor
(Expert) 20 May 2012
The bank did the processing on the information of the applicant. Bank is not liable for any dispute which arose between the purchaser and the seller.
Purchaser by applying for loan can not wash away his own duty of due diligence for the property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 20 May 2012
The bank did the processing on the information of the applicant. Bank is not liable for any dispute which arose between the purchaser and the seller.
Purchaser by applying for loan can not wash away his own duty of due diligence for the property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
