fraud by bank
mukesh gupta
(Querist) 02 November 2010
This query is : Resolved
my 77 years old mother was guarantor for a loan, she had given her property doc as mortgage, bank issued NOC for sale of her property for 20% value. and she was coerced to sign the registration of the sale deed in the year 2006 we have received an order from court in which court has clearly mentioned of fraud by bank. now what can i do in the matter if any mumbai based advocate can help in the matter i will be obliged.
Devajyoti Barman
(Expert) 02 November 2010
What was the primary relief sought for? If the court has merely held the act of the Bank to be fraudulent one only without giving any other ancillary reliefs then you have to file another suit for Damages from the court.Else , you can simply file Execution Case to implement the decree passed in the said suit unless the Bank has brought order fo stay of the operations of the judemnent and decree from the appellate court.
mukesh gupta
(Querist) 03 November 2010
many many thanks Mr. Burman please guide me that the sale was registered in 2006 can i file for set aside of sale, since this order for the fraud i received recently.on the basis of fraud my mother got discharge as guarantor. once again thanks
Guest
(Expert) 03 November 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9960223100, 9271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com
KINDLY NOTE THAT.
1.YOUR MOTHER WAS GUARANTOR TO LOAN.
2.HER SIGNATURES WERE FRAUDULENTLY AND FORCEFULLY TAKEN AND HER PROPERTY WAS SOLD.
3.YOU MAY FILE A WRIT PETITION TO THE HIGH COURT AGAINST ILLEGALITIES AND MAKE ALL THE CONCERNED AS RESPONDENTS.GET THE SAME DRAFTED WITH THE HELP OF LEGAL EXPERTS.
YOU WILL SUCCEED.
4.YOU MAY ALSO FILE A CIVIL SUIT FOR DAMAGES AND ALSO FOR CANCELLATION OF SAID DISPUTED DOCUMENTS BUT HEAVY STAMP YOU HAVE TO PAY FOR CIVIL SUIT AND IT MAY INVOLVE MORE TIME AND COST YOU MORE AS COMPARED TO WP.PLEASE NOTE.
GOOD LUCK.
YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP.REGARDS TO ALL.
M/s. Y-not legal services
(Expert) 03 November 2010
Yes. You can set aside the sale deed.. You have to set aside with in three years from the date of knowledge.
Ms. Khushnuma Khan
(Expert) 03 November 2010
Dear Mr. Gupta,
It may be easy to file a civil suit and sui for damages, but it would be difficult to prove fraud and coercion unless you have full proof evidence to establish fraud. As the sale is already complete, the court will see whether the buyer was a purchaser with notice or without notice, if suppose the purchaser was with notice you may succeed in getting interim injuction but suppose the purchaser was a bonafide without notice then getting any relief will be a difficult task inasmuch as nothing can be really said and done unless one goes through the complete papers and evaluate the facts. So better first approach a good lawyer for seeking legal advice on the entire issue before taking any step. What is more important is to see as to what was the time of the sale and when was the order passed. When did you come to know about the fraud. On what basis now you presume that there was a fraud. Is your mother still alive, does she knows about this fraud. How was she influenced to sign the documents. There will be several other queries coming to light once you sit down with a legal expert with all your documents.
Any further clarification/s will be welcomed.
Rgds,
Khushnuma.
mukesh gupta
(Querist) 03 November 2010
Ms Khan
r u fm mumbai
M V Gupta
(Expert) 05 November 2010
The issues raised by Ms. khan are relevant to decide the kind of legal action to be taken. You should have a strong evidence to prove the fraud alleged by you.The finding of the court referred to by you may come to your aid to some extent. You should act immediately so that you will be within time to file such a suit.
