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rajesh garg   10 September 2016

Sarfaesi notice own my property

JSS purchased a house in oct 2006.

Jss taken a equitable mortgage loan 4.5 lakhfrom PNB  in dec 2006 on this property . Original deed is with bank.

Jss was a fraud person and poorly paid his loan, his last payment was in March 2013.

Jss given me a deed photocopy which is checked by me through nec at sub registrar office , no loan was mentioned or registered found in sub registrar office .

As a buyer I was not aware of any kind of loan on this property,

I have purchased a house in march 2013 with JSS. And still living in this house from last 3 years

Jss given me previous chain deed which looks like a original deed with all stamps and signature (fake colour photocopy), and he is missing from the day.

Jss accounts gets npa in march 2016, after 3 years of last payment of 5000/=

I received a serfesai notice for symbolic position at my house on the name of jss by PNB and then only I came to know that I am having a fake registry  and original dead of this house is mortgage with pnb. Now bank wants me to pay his loan amount about 9 lakhwith interest as per the surfesai law.

So my questions is

Any remedy for me.  Where to suit this case civil or drt. How serfesai can impact on my house. Is any chance that bank can make settlement with me . should I have to pay full amount or the principal only . should a  sent a settlement proposal to the bank. And how I came to know that there is no other loan on this property.

Thank u,

Jss part a bank party b I am the party c which is present owner

 

 



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 1 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     10 September 2016

Sir, Approach DRT as soon as possible. Warm Regards Kapil Chandna Advocate 9899011450

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