Legal Question in Civil Rights Law in India

Equitable Mortgaged Property fraudulently sold

My client purchased a vacant agricultural property in 1997 from the owner who had already taken loan from Bank on Equitable Mortgage and suppressed that fact while selling to my client. My client did not ask for parent document nor give public notice for want of orginal document. The bank which never visted the property and took encumbrance certifcate until recently, has got decree against the seller for non payment of loan. The bank is now taking action to auction the property. Could you please advise the options open to my client who has been in possession and enjoyment of the property ever since the purchase. He has already given criminal complaint against the seller who is not ready to repay the loan and release the original title deeds.


Asked on 8/01/06, 10:39 pm

2 Answers from Attorneys
Panduranga Acharya J & P Associates, Advocates & Solicitors

Re: Equitable Mortgaged Property fraudulently sold

Dear Sir,

Your question is incomplete

Please let me know whether the revenue records have been changed to your clients name?

has he paid revenue tax in respect of the proeporty?

if your answer to the above questions is yes. please get back to me.

Regards,

Panduranga Acharya, Advocate

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Answered on 8/03/06, 2:22 am
BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

Re: Equitable Mortgaged Property fraudulently sold

You need to negotiate with the bank to stop the decree since any agreement after giving the property for mortgage is null and void but you can raise a plea before the Court that you were not made a party and therefore an opportunity may be given off being heard. Contact a good lawyer in such matters. you need to act fast.

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Answered on 8/05/06, 10:41 am


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