Forged home loan agreementt

Kvijay12345 (Querist) 14 February 2015 This query is : Resolved
The notice under the SARFAESI act was sent by the bank 4years ago which was dully replied by the borrower immediately.The Homeloan agreement is forged and manipulated and the FIR for intentional cheating , criminal breach of trust,falsification of accounts and forgery is registered against the employees of the bank.Hence the home loan agreement is considered to be null & void. since then as the FIR was registered the bank has not made any efforts to recover its dues in last 7 years. In the absence of a valid home loan agreement, in what way the loan be considered to be a homeloan & the lien be created on the flat by the bank? If it is not possible for the bank to prove their rights on the flat then what will happen to the loan taken? How will bank proceed to recover its dues in the absence of a valid home loan agreement & without the rights of the flat ?The borrower has approached the consumer forum for the compensation for cheating,criminal breach of trust, mental harassment and financial losses. What other remedies are available with the borrower for making the title of the flat freehold?

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ajay sethi (Expert) 14 February 2015
what happened after lodging of FIR? has charge sheet been filed by police?

Guest (Expert) 14 February 2015
In what way you are concerned with the borrower or the bank?

Rajendra K Goyal (Expert) 14 February 2015
Reply of the question raised by the expert need to be given by author for advise in the matter.

Kumar Doab (Expert) 14 February 2015
Agreed that author should reply to the points raised by experts.

A home loan is not granted just like that.
Due diligence and proper check is to be conducted by the Bank's employee's and bank is obliged to supply the certified/authenticated copy of offer of loan/loan brochure/loan application/loan approval/loan agreement/KYC docs obtained by bank and OSV marked by bank/check in CIBIL record/inspection report/physical verification report etc...........

The banks are known to refer such cases of fraud to CBI........

The author should prefer to engage a counsel well versed with bank matters...

Kvijay12345 (Querist) 15 February 2015
The chargesheet by the police is already been filed but no arrests till date are made as the culprits are absconding at large.

T. Kalaiselvan, Advocate (Expert) 18 February 2015
The query appears to be hypothetical or academic. A criminal case is pending hence the banking institution through their legal department will be following it up accordingly. The aggrieved is not only the borrower even the lender bank so bank lawyers will be following up the matter scrupulously, you answer that how and in what way are you related to this issue.

Kvijay12345 (Querist) 02 March 2015
I am the elder brother of the borrower mentioned in the matter.

Devajyoti Barman (Expert) 07 March 2015
If that is so then the court will issue fresh W/A.
If after issuance of W/A police is not apprehending the culprits then file writ petition.

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