Legal Question in Banking Law in India

hello sir, We had purchased a property about 10 yaers ago, the person from whom we purchased the property had no mother deed and we got a certified copy done. Now it has come to our notice that the seller has taken a loan against this property in the bank, even before he sold us the property. The bank also does not have the mother deed. The bank has now filled the property under SARFAESI ACT sec 13(4).Now how much time do we have and how should we proceed with the case. The bank claims that the Principle sum borrowed is Rs. 2,00,000.00 and the sum now to be settled is Rs.17,00,000.00. Pls help me


Asked on 8/03/09, 3:09 pm

2 Answers from Attorneys

You have to check all the record when he paid the installments and when he stopped. coz if the stop payments are from the last 10 years then there is chance to release the property in the hands of bank. Further you may file an FIR for cheating. Did you registered the said land in your name and intakaals etc. plz also specify. you need a good lawyer for consultation and proper guidence else you wil lose everything. You may pay the amount to lawguru in paid quetion and then get the proper reply.

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Answered on 8/03/09, 3:30 pm
J. Radhakrishnan independent Practice

File an application under Sec.17 of the SARFAESI Act before the DRT within 45 days of the publication of possession notice under Sec.13(4) of the Act questioning the validity of the mortgage in favour of the Bank and also seeking for marshalling of securities. In the meanwhile, negotiate with the Bank also to arrive at a settlement.

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Answered on 8/03/09, 9:27 pm


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