Sushil Kumar (Sr Manager-QMS) 20 May 2012

Sale of already mortgage property without intkal

I had purchased a house in year 2005. Seller provided me all required documents i.e. registry, intkal & jamabandi copy. Documents were clear there was no loan mentioned on documents. Now in 2012, I got a notice from bank that this property was pleadged with bank in 2003 against loan of 2.50 lakh. Loan was taken by Bijender Singh & guarantee was given by his wife. Bank had only mortgauge in court but there was no entry on jambandi or intkal. Bijender gave the power of attorney to his partner Ravi Aggarwal” in 2004. Ravi sold the property to his wife Sushma in 2004. Sushma sold the property in two parts i.e one to myself & other portion to some other person. Other portion owner took loan from SBI. Then he sold to other person. He cleared the loan & sell off to other person. Next person (existing) also have loan from HDFC bank on his portion.

I have loan from PNB on my portion for renovation. Main person who took the loan from SBP is now underground. SBP sent the notice for recovery to Vijeder, Sushma, Alok Ranjan (Other portion initial owner, after that 2 owners has been changed), Myself, All residents of total plot & my bank PNB.

Sir, Now I would like to know how solid is the case of bank? i.e how he disburse the money without possession?

When I approached bank in 2005 after getting rumor about loan, bank said that he has no loan against Bijender Singh but I have no proof against this verification.

Why bank not covered 2^nd portion chain in notice?

What is the meaning of all resident of plot no. means 2^nd family is also covered. If yes, then why notice not given to them. Will court decision be applicable equally to 2^nd family also?

When I have complete documents, I want to file case against bank & owner from who I purchased the property.

Please tell me, can I file case against bank & previous owner? If yes which type of case i.e. mental harassment or cheating etc.

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5 Replies

khalid masood (partner.) 21 May 2012

THE ONLY OPTION LEFT FOR YOU IS TO FILE A CRIMINAL SUIT AGAINST THE SELLER FROM WHOM YOU BOUGHT THE PROPERTY. ANOTHER REMEDY IS THAT U CAN CONTACT THE LENDER BANK AND RELEASE THE MORTGAGE PERTAINING TO UR PROPERTY BY PAYING THE OUTSTANDING AMOUNT. BANKS CREATE EQUITABLE MORTGAGE AGAINST THE PROPERTY WHICH WOULD NOT BE REFLECTED IN REGISTERY. THEY HAVE THE FIRST CHARGE OVER THE PROPERTY. UNLESS U CLEAR THIS AMOUNT THE MORTGAGE WOULD TRAVEL WITH UR PROPERTY .

Sushil Kumar (Sr Manager-QMS) 21 May 2012

Sir, And what about bank loop holes? Why he furnish the loan without entry in Patwari records. A common man purchase property through jamabandi & intkaal only. No body goes to subregistrar office to verify if there is any mortgage or not. When I was trying for loan , two advocates also submit NEC for the property. Also bank did not highlight issue even after irregularities in loan return for 8-9 years.

Ajit Singh Cheema (practising Advocate) 21 May 2012

There is an old proverb"MUSHTARI HOSHIAR BASH'" meaning there by that BUYER BEWARE. The buyer was not beware in the present case so he will be in trouble.In the property matters FIRST THING TO Be asked for is the original title deed of the property.Non showing of the original title deed leads to the presumption that the property is mortgaged .The Equitable mortgage charge is not entered in any revenue record.Even the NEC will not reflect equitable mortgage charge.The case of the Bank is foolproof, the bank even need not move any court as property can be put to Auction under SARFAESI ACT. YOur case against the bank will not stand.The best option is to make the payment to the bank ,get the mortgage charge vacated.Then file suit against the seller for recovery of the amount paid.To put the seller under pressure file Criminal case against the seller for fraud and cheating.

Sushil Kumar (Sr Manager-QMS) 22 May 2012

Sir, Thanx for reply!

But I have original title deed from my seller for total plot. But seller has not previous original title deed, intkal & jamabandi. She purchased that property from his husband through Power of Attorny. Her husband has power of attorney. One portion sold to other one & one to me.

Ajit Singh Cheema (practising Advocate) 22 May 2012

While negotiating the sale with Mr.Ravi Aggarwal, Your first question should have been, Where is the Original Title deed in favour of your Principal Sh Bijender singh,Who has given you the power of attorney.Being specific Original title deed in favour of Sh Bijender singh was the most relevant document to be asked for and that is the main point where you failed to take the proper care.