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Stanly (Art Director)     05 January 2015

Property has be registered without our knowledge

 

Hello Can Someone Suggest what has to be done.

Yesterday I went to BBMP office to pay tax for the previous year 2009 onwards and I am surprised to see that tax has been paid till current year by someone else Named Afroz. Further discussing with the officer in the BBMP he said in the Register still it says Babu is the authority of the Site which is my Dad.  Officer Suggested to meet someone in the Corporation office to Check in the Registry and when I checked with him in Register I am surprised to see that the Property has been Sold to someone else and then to a person named Afroz. I am very much concerned now and I am clueless. the person in that office you should look for a legal to put an 'Objection' for the property. 

I was going through the website (bbmp site ) to look about the Tax paid details I could see the owners name as Afroz with the our PID and I see two property listed under his name. I checked the 2008-2009 tax paid details it shows the Amount I paid that is 301 rs. but with his Name. Everything is confusing. I have attached some Images I am not sure whether it communicates.

We had pledged the Property Documents in a Co-operative Society Bank for a loan from 2003-2012. We did'nt sell to anyone, how could be done without our knowledge.

I have few questions about the civil laws.

1. Can a Property had Same PID for two different Property.
2. Can a BBMP Office and Corporation Registry have different informations.
3. Can properties will be sold without the Signatory of the Sons

Please someone help me with the situation with valuable ideas. 

The property is in Kadugondanahalli Bangalore North. We have a small house constructed in that land and we receive rents till now.

Please Suggest




Learning

 5 Replies

Kumar Doab (FIN)     05 January 2015

If Babu (Dad) was the owner in records,he can sell the property...........without signature of sons.

If property was pledged /mortgaged with bank then as per Loan agreement the borrower can not sell.

If borrower has sold with consent of the bank then he can.....................as per T&C settled with bank..........and bank shall collect the balance of debt from sale proceeds......

The seller (owner-Babu), buyer (afzal) and Bank can provide the facts and details.

 

Obtain the details from Bank,BBMP and if required pursue thru RTI.....................

If there is some foul play approach court thur your lawyer. 

 

1 Like

Stanly (Art Director)     05 January 2015

 

 

My brother had pledged the Documents in the bank from 2003 to 2013 now we have the documents in our hand, got it cleared from the Bank. What do you suggest to get our ownership back what will be worst scenario.

 

Thanks a Ton Sir

 

Kumar Doab (FIN)     05 January 2015

If you were never the owners of the property then how can you become an owner now!

Approach a local lawyer dealing in civil/revenue/property matters with all docs that you have, give inputs in person and proceed under the expert advice of your lawyer. 

T. Kalaiselvan, Advocate (Advocate)     05 January 2015

In this matter since you have not bothered to pay the property tax from the year 2009, you were not knowing what has happened in between.  However, if the property was mortgaged with the bank and the same was registered in their favor, the sale transactions by anyone without the consent of the bankers in the recent past will be invalid.  Even otherwise if the property is still under mortgage with the bank, the bank will be the owners until the mortgage loan amount is not repaid in full. You may also verify that if there was an error committed by the staff of the concerned department quoting the same number for two properties.  Take the help of a good local lawyer  (do not fall prey to some luring and greedy lawyers who are abundantly found even in this LCI data base, who will instead of helping may loot your money in the name of legal service but will not be of any use till the end), get his opinion and advise and proceed.

Adv k . mahesh (advocate)     09 January 2015

first take an encumberance certificate from the local sub registrar office of your plot jurisdiction and verify the inputs in that and then go to bbmp and give a letter enclosing a xerox copy of the ec 

because encumbarance cerfiticate has full details of the transactions and also if everything is fine with ec then there may be some error in the property tax record rectify it take senior officers help in the bbmp 


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