Mutation of a mortgaged property

Query wise opinion.

1. The borrower resorted to fraud and you can bring pressure by complaining to police and filing a civil complaint.

2. When a Banker registers a mortgage, and if fraud has taken place, the Banker can issue a notice to both purchaser and seller threatening criminal action and can proceed legally.  These are usually in Banking and many defaulters dispose of properties that are offered as security.

3.File RTI Application in your individual name and seek information from Tahasildar as follows:

Information solicited:

1. Please provide me the copy of rules and regulations/orders/ circulars that permits the Registrar to permit registration  to third party when the property is held by a banker and when simple mortgage is registered by the then owner/defaulter.

4.The remarks by Registrar states that sale is not absolute and subject to earlier mortgage to Bank.  Mutation is not ownership but just change in a Revenue record and simple mortgage is above that sale.

Contact your Advocate/ standing counsel and report the matter to your controlling office and act as per their directions and avoid suppressing facts known to you about any borrower.

The tone and tenor of your posting suggests that you are seeking professional advice.

Handover the matter to legal cell of establishment as suggested above also.

They shall do the needful.

If you are not designated official then avoid forwarding your neck in legal matters.

Perform your part under proper acknolwedgment and keep copies.

When you find a solution and succeed, please do post the procedure adopted by you so that it helps some other banker that may face the problem.  The object of the forum is to share experiences and success stories and to find the correct way in such issues.