Revenue recovery
Babu
(Querist) 02 September 2013
This query is : Resolved
Dear Sir,
I bought a land in 2010 march and registered to my name from the register office with the documents are title deed, property tax receipts and two witness.
last three years I am paying from the land tax in village office. Now suddenly some bank employees came and do the revenue recovery in my property.
But I have not take any loan on my property. But they told the second last owner took the loan and property now under the bank.
I went to the bank and they explained that,
The first owner took the loan and after 1 year he transfer the property to his wife.
and his wife sell this property with title deed to me.
Now I am in trouble. this case what can I do ?
please advice me.
Thanks
Babuprem
Isaac Gabriel
(Expert) 03 September 2013
If the property had been cited as a pledge for the loan, the bank is at liberty to proceed against.
Raj Kumar Makkad
(Expert) 03 September 2013
You should file a FIR against the previous owner who fradulantly sold the house to you stating that the property is free from all types of encumbrances.
You should also file a civil suit for refund of the cost of the house with its up to date value.
The banker is right in its approach.
Rajendra K Goyal
(Expert) 03 September 2013
It is presumed that the property was mortgaged with the Bank.
You can file criminal complaint for the forgery from both the previous owners. The property was mortgaged with the Bank. Before buying the same you should have demanded all the original titles of last thirty years. If you would have taken this step the fact of mortgage would have come to your notice. you have also been negligent in your purchase. Buyer has to be very cautious in property dealings.
Civil suit can also be filed for recovery of your payment.
Alternatively you can talk to the Bank and if the loan can be settled with in your reach you can settle the same and buy peace of mind.
But if the property was not mortgaged with the Bank, Bank can not recover from it. You can get a stay from court on recovery from this property.
