Bank fraud someone took bank loan against my property
rahul
(Querist) 05 February 2015
This query is : Resolved
Hi,
Please help. It has come to light that someone took a Bank loan against My property (200 sq metre plot in Noida). My property file is missing from the authorities. Banks have siezed the property. All the property documents with Banks are forged.
What Should i do against this fraudulent transaction?
P. Venu
(Expert) 05 February 2015
What do you mean by "My property file is missing from the authorities. Banks have siezed the property."?
RAJU O.F.,
(Expert) 05 February 2015
If the possession of the property is taken over by SARFAESI proceedings, immediately prefer an appeal u/S.17 of the said At before jurisdiction DRT to stop all such actions through an expert lawyer.
Guest
(Expert) 05 February 2015
Are you sure, it is your real problem, not a hypothetical story? It seems, as if student, you have posted just an academic query.
The question arises, if property file is missing from the authorities, where are your property related documents, which are supposed to be in your own possession, as might have been received from the authorities from time to time, like attotment letter, payment proof, possession letter, approval of building plan, completion certificate, etc., etc.?
Still further, another question arises, how your own original documents could get passed over to someone else, who took the loan?
rahul
(Querist) 05 February 2015
Sir,
Its not a hypothetical story. It is a fraud case. The local authorities officer was involved. All the original papers are with us.
Fraud papers were made. They even made a person appear as me (Rahul Verma) to get a loan against the Property. Its a case of Identity Theft. Now the bank has siezed the Property. Local bank officers who passed the loan are also involved in this Fraud.....
What are the steps that i need to get this fixed?
Guest
(Expert) 05 February 2015
Mr. Rahul,
From your query, several more questions would arise. However, it is advised to file a report of fraud with crime branch of police against the debtor as well as the bank showing all original documents.
rahul
(Querist) 05 February 2015
Mr Dhingra
The Case is with CBI Economic Offense Wing. they only informed about this. The DEBTOR are still on large. It is a big gang operating.
I sincerely appreciate your replying to my query. It really helps.
ajay sethi
(Expert) 05 February 2015
file police complaint against borrower . simultaneously move DRT for setting aside order of attachment of your property
Kumar Doab
(Expert) 05 February 2015
Agreed with experts.
The bank has handed over the case to CBI.....
You may even if thru RTI from bank,RBI the certified copy of Loan application,approval, agreement,detail of bank employees that have marked OSV,conducted physical verification, CIBIL search etc and hence loan approval......
Try to get CCTV footage of each date.....even if thru court...
Rajendra K Goyal
(Expert) 05 February 2015
Agree with the advise from expert ajay sethi.
Guest
(Expert) 05 February 2015
When you say "Some One had Availed Loan " that too with Stolen Documents From You it is some what not genuine.Even the Photos of the Applicant would be there and in Normal Procedures Even the Bank Valuer and officials visit the Site for Valuations in Person.More over All these years you were Not Worried about the Missing Documents.
T. Kalaiselvan, Advocate
(Expert) 05 February 2015
Since the matter is already with the CBI and inquiry is in progress, you may wait for the outcome; alternately, you may approach DRT for for an injunction of the operation of attaching the property by bankers until the decision by the court on the basis of CBI report is out, you have engaged an advocate, better follow up the case properly through your advocate constantly.
K.K.Ganguly
(Expert) 06 February 2015
1. What do you mean by saying "My property file is missing from the authorities"?
2. Do you have the original title deed and original of all link deeds?
3. Has the Bank taken possession of the property by issuing demand notice and possession notice u/s13(2) & 13(4) of the SARFAESI Act,2002 respectively? If yes what were you doing after receiving those notices?
4. However, within 45 days of receiving the Possession Notice or the Sale Notice, you shall have to file an application u/s17 of the SARFAESI Act,2002 before your local Debt Recovery Tribunal praying for setting aside the said Notices and a stay order on the proposed sale,
5. Contact a lawyer having expertise in this field.
Dr J C Vashista
(Expert) 10 February 2015
All contradictory statements of the author reveal it is a concocted and hypothetical story.
Guest
(Expert) 10 February 2015
Mr. Rahul,
You are too far from describing your real problem in reality, if any you are facing. Rather, from your piece meal descriptions clearly indicate towards your query to be merely a hypothetical problem and reveals as if it is your academic query, as a law student.
When you say that the case is with CBI Economic Offense Wing, it is not understood, what is your real problem? You have not stated whether the CBI has made you also the party to the fraud/ investigation or not? If not, why to worry? Moreover, when the CBI is already investigating the case, let that complete investigation. Wait for the outcome. You need not do anything for the time being, except cooperating with the CBI team.
However, if you are really in soup, better consult some experienced lawyer, qho should be an expert in CBI cases, by showing all your papers to him, as any reply to your casual query cannot help you even to a bit to solve your problem. Investigation by the CBI should not be taken very lightly, as your description makes it.
Biswanath Roy
(Expert) 10 February 2015
APPREHENDING SOME FOUL PLAY AND SUPPRESSION OF MATERIAL FACTS.
malipeddi jaggarao
(Expert) 05 June 2015
The author is not coming with full facts. When the original title deeds are with the owner of the property, cannot he go and submit a copy to the Bank and stop further action of the Bank against the property?
