Legal Question in Banking Law in India
abt banking and property laws
i m junior advocate i have a case wherein my client has purchased flat in mumbai by registed sale deed. he neither took search nor gave any notice before purchase date . after purchasing the flat he came to know that it has been mortgaged. his vendor submitted fordged noc of different society and original sale deed bet. him and his previous vendor.he said to my client that his original sale deed has been lost , now we can lodge complaint agaist our vendor but vendor got loan in 2003 he didnt pay any instalment and bank didnt take any action against him. so whether bank can take possession of our flat u/s 13 of securitization act , because due to noc of different society our society is unknown to fact that he has morgaged his flat and bank also didnt do spot investigation before granting loan. therefore there might be wrong society description of same property in morgage deed bet bank and our vendor. we have original share certificate of concerned society. is it good to lodge complaint agaist our vendor or defend case agaist bank?
3 Answers from Attorneys
Re: abt banking and property laws
Yes it is better to lodge complaint against vendor.
Re: abt banking and property laws
Please consult a senior counsel with all the details but as far the facts are concerned it is better to lodge a complaint against the Vendor.
Re: abt banking and property laws
Better consult a senior advocate with the documents and clear write up of the case and seek his guidance. No answer in this forum will help you. In matters of specific facts, it is not worthwhile to throw up the issue for answers in the forum, as general answers unrelated to facts would not help you in the matter.
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