Same property sold two persons

Querist : Anonymous (Querist) 12 July 2023 This query is : Resolved
Hello,

I purchased a flat on July 2016 from Mrs. R on loan . Mrs. R purchased the flat from promoter on Dec 2011.

After 6 months of purchase we got a letter from bank showing that the property was sold to someone else before Mrs . R. And that person hasn't paid a single Installment since then. we visited the bank with our documents and we found that the details bank is showing doesn't match with us.
Our flat is 870sq on 3rd floor . The defaulted loan details shows flat as 1100sq on 3rd floor. We never got such letters afterwards. In between we did mutation and all other details in our name.
But after almost 6 years recently couple of days back A different bank visited us and said that this property is under their mortgage . We checked with our loan provider immediately and they confirmed that the property is under our name n loan is registered with the my loan provider and the same details is showing in CERSAI. Now my question is can the defaulters bank do anything in this regard ? because their details of property don't match with ours. And if their allegations are true then why my bank provided loan. Also what should I do in this case. This happened to 3 other families in my flat. Kindly provide any information / solution.

Thanks in advance ,

Follow Query

Report Abuse

T. Kalaiselvan, Advocate (Expert) 14 July 2023
You have already posted the same question in the forum section to which I have given the following anser which is repeated here.
If you are sure that the particulars of the property provided to you by the bank do not match with the particulars of the property you purchased, then you may file a suit for permanent injunction against the bank to restrain from interfering with your possession and enjoyment of the property. Let the opposite party come with their evidence for their claim which can be challenged as per law

P. Venu (Expert) 16 July 2023
Onus rests with the bank in initiating action, civil as well criminal, against the people who had cheated/defrauded them. If a public sector you may keep track of the Bank's action through RTI.

You may also seek injunction as advised or at least, serve a legal notice upon the Bank bringing facts on record.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Ask Query
Unanswered Queries