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Querist : Anonymous (Querist) 02 November 2011 This query is : Resolved 
Sir,

I have purchased a flat in 2010 from a builder, and flat is registered on my name, khata is transferred to my name and I have paid property tax since 2010.

recently I got a notice from one bank, stating that two people have taken loan by showing my property details.

When I enquired with the register office, there is no record of those people and EC clearly shows from builder to my name.

This has been done to 10 flats in my apartment.

Some body created fake documents of our property and took loan from the bank and then defaulted.

Loan was taken in 2009 that is before I bought the flat from builder.

Bank which has given fake loan is a public sector bank and they have pasted notices on the flats under securities act.

I need legal opinion in this regard. What is the procedure reply to bank notice and whom should be made accoutable for this fraud.

We have approached police and gave compliant against bank.

Your guidance is really helpful.

ajay sethi (Expert) 02 November 2011
contact a lawyer immediatedly . you have to reply to legal notice pointing out aforesaid facts .

also obtain clarifications from builder . on many occassions builder sells flat to number of parties .
Sankaranarayanan (Expert) 02 November 2011
yes you solve the prob with the help of lawyer.he/she will give good opinion and advise
Querist : Anonymous (Querist) 02 November 2011
Thanks for your reply, We have contacted a lawyer, what lawyer says is they are first going to take injection order from court by keeping the people who taken loan as parties to take stay order (to maintain status quo , so that bank or anyone else cannot come to seize our flats). Once the stay is obtained they will serve notice to bank stating that their claim is false. Since its public sector bank , if bank is made as party it will be difficult to get stay order. Builder has 6 flats which he has not sold and 4 flats belong to individual owners. Builder himself is coordinating all legal help, since its my flat, I want to make sure that builder wont cheat individual owners for their advantage.
ajay sethi (Expert) 02 November 2011
has the builder filed any complaint that so called agreement under which flat owners claiming right s is forged?

since said agreement was allegedely executed prior to your purchasing flat it follows that agreement must have been with builder as seller .

the builder evidence in this case is material .

no loan could have been sanctioned by bank unless the so called loan applicants had agreement for purchase with builder


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