Procedure to protect the property from fraud
20-Sep-2023 (In Property Law)
I purchased a flat from a girl who got this flat from his maternal uncle through deed of sale.Now I discover that the property was mortgaged with bank by his maternal uncle who materialised the entire dealing along with his niece. Now what should i do to protect my property
If your contentions are to be considered true, fraudulent trap laid for you and you got into it.Immediate legal actions are required to be initiated from your end.Whatever documents related to the property is available with you needed​ to be perused thoroughly for suggesting legal course of action at your end.Contact lawRato for further instructions.
Dear client,
As per the details provided by you I would like to that it is very strange that you didn't made a searching in concerned Registry office before purchasing as you would have been aware of the said mortgage before purchase.
As of now your right will be affected by the status of the mortgage, if they don't pay the loan then if the flat get auctioned by the bank then you have nothing to say.
At best you can file a criminal case against the girl and her uncle and civil case to get your money back.
As per the details provided by you I would like to that it is very strange that you didn't made a searching in concerned Registry office before purchasing as you would have been aware of the said mortgage before purchase.
As of now your right will be affected by the status of the mortgage, if they don't pay the loan then if the flat get auctioned by the bank then you have nothing to say.
At best you can file a criminal case against the girl and her uncle and civil case to get your money back.
The concern bank has send you any demand/possession notice regarding the flat which I assume is you habitat now. If yes then file a S.A in drt tribunal immediately within a month from the date you receipt the notice. I will try to raise the issue in the learned court by way of submission but it will take time but if you file an S.A all the proceedings of the bank will be in a stay manner. Until and unless your S.A is heard.your case is weak.go to lawrato site see my ratings I will not show you bed of roses as really your case is weak but I can try. One more thing I am not only me, I am a part of a firm situated at high court Kolkata. Did you have the original mother deed ? The deed in which the maternal uncle brought the flat from developer/previous owner. If yes than you have a strong case, we might be able to do something any which ways contact us through lawrato.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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