Dear Sir/Ma'am,
Good afternoon! I have a property which is registered under my name and my real brother.
Few years ago my brother who is co owner of the took a loan of 2.5 cr from Kotak Bank fraudulently. While DRT proceedings Kotak Bank submitted copy of occurrence report. As per this report original sale deed is lost and hence they have approved loan on basis of occurrence report and certified copy of sale deed.
Interestingly when the Occurrence report was filed by my brother fraudulently, he mentioned only his name is the report inspite of it being a joint property. I have government documents to prove that the said sale deed was in cutody of government and my brother had played fraud upon me and bank.
My questions is Can we petition High court to quash this occurrence report or set aside? As per my lawyer there is no provision in law to set aside occurrence report.
Your help in this is highly appreciated.
Thanks and Regards,
Sagar
Your advocate's opinion is, I think, erroneous. Joint property is shown as individual property; good ground for quash.
