DRT

Guest (Querist) 23 December 2009 This query is : Resolved
The land owner entered into a developer agreement with the promotor. After completion the promoter has given possession to the land owner his allocation, i.e. one flat, in the year 2003.
The land owner since then residing in the flat.
Now suddenly on 11.11.2009 Abn Amro Bank has fixed in the wall, a notice under 13(4) of SARFAESI Act, in which it is mentione one Mr. X is the borrower who has taken Rs. 10 lac loan against the flat.
The land owner, does not know the borrower. He has no idea how a third person can take loan by mortgaging his own property.
What he should do? Can he protect his property? In what way?

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bhupender sharma (Expert) 23 December 2009
He may file a complaiant before the police for cheating and may contest the matter before the DRT by filing the objection in this regardstating all these grounds.

Devajyoti Barman (Expert) 23 December 2009
File an application under SARFASI Act itself challenging the notice under section 13(2) of the Act and pray for injunction at the same time before the DRT. You have got a good case and nothing to worry.

Raj Kumar Makkad (Expert) 23 December 2009
First of all minutely check the title documents of alleged owner of the flat. It seems there is some flaw in property ownership documents. Get the same first and if you find any variation then immediately go to civil court as well as criminal court and also make bank a party to civil litigation and obtain stay order therefrom.

Devajyoti Barman (Expert) 23 December 2009
Jurisdiction of civil court is barred u/s 34 of the SARFASI Act.

manmeet singh arora (Expert) 29 December 2009
1.First of all write a letter to the bank stating your stand about the land

2.Tell them you are the real owner and you have no knowledge about the mortgage between the bank and the flat owner

3.then file the petition before the DRT stating all the facts and enclose all the relevant documents.

4.Then the process will be set into motion

best regards,
manmeet singh arora

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