forged bank loan against property
sanjiv
(Querist) 01 July 2008
This query is : Resolved
Dear Sir
My father in law purchased a residential house in meerut in 20 jan 06. This house having a loan against property from STATE BANK OF INDIA by a person from whom we had purchased this house. My father in law repay all the amount from his account & got the NOC from SBI from SBI.then we finally got registered this property in my mothers in lawname . But now punjab & sindh bank gave anotice to us that they had passed a loan on this plot in 2001 & hatamounted now10 lakh. Now i am breifing the partiesname
Mr. JP TOOK THE LAON FROM PUNJAB & SINDH BANK IN 2001 WITH ONLY ONE GUARANTEER HER WIFE OF 6 LAKH. BANK SAYS THEY ARE HAVING ORIGINAL REGISTERY WITH THEM.But it is not clear that they register their charge or not .
In 2002 Mr. JP TRANSFER THIS PROPERTY BY REGISTERY TO mR. sanam. & mr sanam took the laon of 5 lakh from SBI
IN 2006 MY MOTHER IN LAWPURCHASED THIS PROPERTY AFTER REPAYING THE LAON FROM SBI GEETING THE NOC from sbi.
My fatherin law are the only persons they are not having anyson. Kindly guide us no one ishere to guide us.
where we get the speedy help.
can we go for RTI
ANY OTHER ngo or trust those can us. we
are having all the original papers withg us.
KamalNayanSaxena
(Expert) 01 July 2008
Engage a good lawyer, show him all the original documents pertaining to property and tell him to make a search about encumbrances. If you are having original documents of complete chain of title in your posssession than in my opinion it is not possible that equitable mortgage has been created in favour of punjab and sindh bank.
If you can down load the notice issued by p&s bank at knayans@gmail.com, it shall be easier to give you further guidance.
Srinivas.B.S.S.T
(Expert) 02 July 2008
If the Punjab and sindh bank has registered their charge Then teh property would not have been transferred into the name of Sanam. So please verify all your original records and obtain a settlement of loan account copy from SBI and then got issue a legal notice through an advocate to punjab and sindh bank.
sanjiv
(Querist) 02 July 2008
Dear Sir
thanks for reply but we already issued a RTI NOTICETO PUNJAB & SINDH BANK , BUT THEY REPLY THAT WHY THEY PROVIDE INFORMATION BECAUSE WE ARE NOT THEIR GURANTEER NOT THEIR LOAN HOLDER . WE GOT THIS REPLY YESTERDAY.
MAY IT IS A POSSIBILTY THAT BANK HAD NOT REGISTERED THEIR CHARGE.If they had not registered than what their legal position
WE ALSO GIVE A APPLICATION TO district megistrate for the same.
punjab & sindh bank is not providing any information to us.
Srinivas.B.S.S.T
(Expert) 03 July 2008
Verify with the SRO or obtain a EC for the property. If at all there are any registered mortgages they will be reflected in encumbrance certificate.
sanjiv
(Querist) 03 July 2008
HOW WE CAME TO KNOW WHAT PAPERS LIES WITH PUNJAB & SINDH BANK. EITHER THEY ARE ORIGINAL. CAN WE GO FOR RTI
K.C.Suresh
(Expert) 20 July 2008
Dear Sanjiv, You have to move your matter in a higher level as the Bank is now playing the card. You move before a court of law stating the true facts. Let the Bank come with their records. If it is genuine only the seller to you is anwerable. There is no two original for a document. Your case is a genuine one. Bon't get panic. be cool approach a good lawyer show him your documents and decide the rest. I think our expert Mr. Kamal has rightly suggested a practical solution. For a clear solution for youyr problem a face to face dicscussion is a must. All the best wishes
