Fraud Mortage

Guest (Querist) 25 November 2010 This query is : Resolved
We have registered flat purchase agreement properly stamp duty paid . Builder made fake builder and sold premises to third party and from fourth party loan was taken(Bank). Now bank realized that their loan is NPA so they approached to see who were staying. That time they saw we are staying in the flat.

So they are taking steps to recover loan as this flat is mortgage with them

What are alternative available to me legally

Follow Query

Report Abuse

Devajyoti Barman (Expert) 25 November 2010
File a suit for declaration in a civiil court of competent jurisdictio that you are a lawful purchaser without notice and injunction against forceful ouster. Since you are in a possession there is no need for recovery of possession to be added in the Reliefs.

Guest (Querist) 25 November 2010
I am bit confused made enquiry that this matter is taken under securitization act and it goes in DRT.

Civil court don't have jurisdiction to give injunction in drt matters.

And drt cannot decide matters regarding civil and criminal court.

So which option should we take.

Khaleel Ahmed Mohammed (Expert) 25 November 2010
You are advised to file a cheating case against the builder at your earliest.Further you can file a declation of title suit against your builder and the third party who have purchased later.
Further I think that your query is not genuine, and far from the facts.Just you have posted your creative query on this web to check the knowledge of the experts. Please note that, such false queries posted on this web,may loss to needy persons, as experts may not attend the genuine queries.

Guest (Querist) 25 November 2010
Declaration of title suite this advice is ok. May give a serious thought.

@Ahmed with due respect it is genuine query and not to check lawyer knowledge I am wasting time and energy to check relevant High court /Supreme court. judgement in this matter.

Steps which already taken are complaint to EOW , they have registered and started investigation. It seems some fraud has taken place in registration office . All have genuine paper and entire building sold twice.

I think this kind of case regarding one flat we had heard in past but whole building this is first case so bit stressful.

With due respect if you cannot reduce stress kindly don't argue that this is fantasy query .

Devajyoti Barman (Expert) 25 November 2010
The basc jurisdiction of the civil court u/s 9 of cpc is never ousted even by SARFAECI Act.

Guest (Querist) 25 November 2010
@ Adv. Barman

ok
Can you give opinion about following steps in process or whether it is correct or wrong.

1) Since EOW has taken matter and there is one document forged as it is suspected also so it is criminal case
2) To take stay from HC that till investigation is not over bank should not take steps against mortage property
3) After investigation is over then apply that till judgement bank should not take steps
4) Till this time in criminal matter it will be clear who is at fault and whether my documents are genuine or bank documents are made on based of forged document

Presently this thing going in mind Please give your valuable input .

Advocate. Arunagiri (Expert) 25 November 2010
File a suit for declaration, add the bank also as a party and Obtain interim injunction from the same court, restraining the bank not to take steps against the property, till the ownership is decided.

Guest (Querist) 27 November 2010
Industrial Investment Bank of India Ltd vs Marshal’s Power & Telecom (I) Ltd.& Anr in Supreme court 4728 of 2006 gives guideline in case of fraud. I think I got one eg. how to handle this matter.

Thanks everyone for your help

Devajyoti Barman (Expert) 30 November 2010
yes

Fraud Mortage

Similar Resolved Queries :