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Sush (Self employed )     12 July 2023

Flat sold to two persons

Hello,

I purchased a flat on July 2017 from Mrs. R on loan . Mrs. R purchased the flat from promoter on Dec 2011.

After 6 months of purchase we got a letter from bank showing that the property was sold to someone else before Mrs . R. And that person hasn't paid a single Installment since then. we visited the bank with our documents and we found that the details bank is showing doesn't match with us. Our flat is 870sq on 3rd floor . The defaulted loan details shows flat as 1100sq on 3rd floor. We never got such letters afterwards. In between we did mutition and all other details in our name. But after almost 6 years recently couple of days back A different bank visited us and said that this property is under their mortgage . We checked with our loan provider immediately and they confirmed that the property is under our name n loan is registered with the my loan provider and the same details is showing in CERSAI. Now my question is can the defaulters bank do anything in this regard ? because their details of property don't match with ours. And if their allegations are true then why my bank provided loan. Also what should I do in this case. This happened to 3 other families in my flat. Kindly provide any information / solution.

 

Thanks in advance ,

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     13 July 2023

If you are sure that the particulars of the property provided to you by the bank do not match with the particulars of the property you purchased, then you may file a suit for permanent injunction aganst the bank to restrain from interfering with your possession and enjoyment of the property.

Let the opposite party come with their evidence for their claim which can be challenged as per law

1 Like

Dr. J C Vashista (Advocate and Legal Consultant)     13 July 2023

Show relevant title documents and alleged loan details to a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding.

Sush (Self employed )     13 July 2023

Thank You so much Sir. Just one more question, in this case bank can't do anything right ? since their details don't match with ours

P. Venu (Advocate)     13 July 2023

May be, the Bank may not proceed agaunst you. But getting a mandatory injunction from the competent court is the best option.


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