Legal Question in Credit and Debt Law in India

Slightly convoluted question...but let me try.

I bought a flat from one "Vijay", who duped me by selling an already mortgaged flat. Now that I have come to know about this, while I tried to persuade Vijay to clear the mortgage and give me old link documnets, he is unwilling and non-cooperative (my fault...untitil the faf end, i did not know that i have to collect old link sale-deed in original also....he just gave us photocopy of old sale deed.)

Now I have come to know that one of his another propeerty worth 20L is under auction by a bank under SARFESAI. And bank dues (including interest) are just 12L.

Can I approach some competant authority with my details and get an order passed that 8L left over from the Auction be given to me? If yes...pl guide....

Thanks

Rajkumar


Asked on 2/01/11, 9:19 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you have no locus to interfere in the proposed auction and you can take an independent action against the fictitious seller by filing a suit for recovery and if need be, complaint for fraud.

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Answered on 2/01/11, 9:34 pm


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