Mortgage Property

Kishor Hajare (Querist) 14 September 2016 This query is : Resolved
Dear Experts,
My client brought a property at mumbai from builider in the year 2013 by paying entire consideration. The possession was handed over to my client however surprisingly in the year 2015 the Bank served a notice u/s13 of SARFEASI ACT against my client stating the builder mortgaged the property in the year 2012 with them. The mortgage deed was not registered. At the time of purchase my client took search and issued public notices but nobody came forward but now bank claiming the property. Bank has also obtained the possession order from CMM. I have filed Securitisation Application before DRT against Bank and builder. What should else i do to protect my clients right title intereat in the said proerty. Please guide.

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 15 September 2016
Whatever you can do in the given issue, have already done to secure your property. You should also make a police complaint against the builder and thereafter should file a consumer complaint to recover your hard-earned money with interest and compensation.

Ms.Usha Kapoor (Expert) 15 September 2016
You certainly WOULD WIN THE CASE IN DRT.. YOU ARE A BONAFIDE PURCHASER FOR VALUE WITHOUT NOTICE OF MORTGAGE(UNREGISTERED) SO LOOKING FROM ANY POINT OF YOU law AND EQUITY IS ON YOUR SIDE.Those WHO PRACTISE FRAUD COULD NEVER WIN IN ANYTHING INCLUDING A CASE. Ultimately TRUTH WILL Triumph.

Raj Kumar Makkad (Expert) 15 September 2016
I don't say that you shall win in DRT but certainly your grievance shall be addressed there.

Kumar Doab (Expert) 15 September 2016
You can benefit from the advise of experts.

Guest (Expert) 15 September 2016
Advised appropriately.

H.M.Patnaik (Expert) 15 September 2016
Have u checked up in the registry that the Mortgage Deed is not registered by the bank?
If yes, then you have a good case. However your Counsel is the best person to advice in this case ,as you have already moved in right direction to safeguard your interest.

Rajendra K Goyal (Expert) 18 September 2016
Registration of mortgage is not required in case of equitable mortgage.

If the builder is company, it must have filed the documents regarding mortgage with the registrar of company, you should have searched the same before purchase.

Now you have option to oppose the claim of the Bank, have services of some good lawyer.

Dr J C Vashista (Expert) 19 September 2016
Nothing more.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries