Resale flat sale deed problem
Akshay
(Querist) 22 April 2016
This query is : Resolved
Helli sir, I am Akshay shah living in pune & 8 month back I have purchased resale flat in pune, I have done agreement to sale & paid all money 34lakh except loan which is 15lakh & the owner has already loan in punjab national bank of 34lakh But after doing agreement to sale we come to know that owner already has done MOU which is notari on same flat 1.5year back & has taken 11lakh rs from him but now he is not paying him back so there is case going on my owner because of that I am not getting NOC from society. & other important thing is owner not clear the loan amount also he not pay single rs to bank still the loan is on my owner name & he is paying emi. So now my problem is my sale deed, NOC & bank loan not clear Only thing I have is possession of flat. Sir Please guide me what should I do.
Kumar Doab
(Expert) 22 April 2016
Apply your resources and get your money back ASAP and cancel the sale agreement.
If you are unable to get it done approach a very able counsel specializing in such matters, ASAP.
In future get the legal opinion from an able counsel.
Akshay
(Querist) 22 April 2016
Thanks sir actually I am staying in that flat...& I want to complete sale deed but the problem is he not paying the loan amount & not getting NOC from society. ..so I am very upset now...feeling like frustrating & in that amount I near about paid 15lakh as black amount.
Please help sir.
P. Venu
(Expert) 22 April 2016
Have you brought the matters to the notice of the seller? If so, how he has responded?
Guest
(Expert) 23 April 2016
1) This person has cheated bank
2) This person has cheated that person who have done MOU
3) This person have cheated you by not disclosing the facts and ongoing court proceedings , loan etc.
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Complex case from your side
1) If money is not received by bank and when it comes to know it will move under Sarfaesi Act to recover flat , this they can do easily .
2) Although MOU does has no value , still relevant MOFA act may affect it and this person will ask from court either relief Flat or Money
3) Bank only wants money when they move under Sarfaesi you will be required to move in Debt recovery tribunal
4) Since you did not check title or previous documents . Bank case will be strong , since mortgage was done first , you came latter
5) Both will try to enter the flat any time 1) Bank using Sarfeasi Act 2) that MOU person and try to displace you .
6) That seller I suspect my imaginary prediction since value of Cheating is around 50 Lakhs he may become invisible
7) I feel this case require multiple angle
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1) Approach Advocate good in Criminal matters
2) Approach Advocate who is good in Property matter
3) Approach Advocate who is good in DRT matter
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Case is fairly tough from your side
1) In Pune Go to shivaji nagar there is Court , you search good criminal Advocate , before this person become invisible .
2) Swargate there is Debt Recovery tribunal there take opinion from advocate there regarding banking problem and prepare strategy to deal with Bank in advance because they will come if this person does not pay . Bank will come with Safeasi notice or with order of District Collector of Pune under Safesai Act to recover possession of flat.
3) Get details of Civil Suit pending in court. If you know parties name I can try to search and give you Civil Case details from E Court website of Pune
4) Most important thing don't leave your house open anyone can take possession forcefully in your absence . When people are cheated they can go to any extent even if you are not at fault
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This requires highly professional senior advocate from Pune who will sincerely try to protect you. Since case is weak you need to be well prepared.
You need to search details also about civil case between person who signed MOU and that cheater . If you know parties name and year I can try to search on E court website. For that details - Email me at kmadhu786@gmail.com
Additionally illegal advice --- take help of any person who can help you recover your money. If you are able to get money then you can exit and take new flat. Successful people in stock exchange says always some time minimum loss policy strategy is also useful .
Now instead of sticking that you will hold flat , make strategy how much loss you can reduce in this complicated transaction.
Kumar Doab
(Expert) 23 April 2016
The author has not responded to point raised by Expert Mr.Venu.
Akshay
(Querist) 25 April 2016
Thanks All it is really helpfull.
Mr.venu sir- my seller attitude is positive he is telling he will clear all issue, he will give money to that MOU guy & clear my loan also but he is asking give me time & he extending the date by date.
Kumar sir,
Really Thanks for the information; I will get you the details.
