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Vinesh K Chhaya (ADVOCATE)     12 June 2011

To Sell Mortgage Property With Condition to pay is Legal?

MY CLIENT BORROWED LOAN OF 2,25000/- ON ONE FLAT(IMMOVABLE PROPERTY) AND AFTER THE OUTSTANDING AMOUNT BECOME 3,75,000/- HE INFORMED TO BANK THAT HE WILL PAY THE DUE AMOUNT AFTER SELL HIS MORTGAGED PROPERTY. BANK HAD NOT REPLIED HE WROTE AGAIN THAT HE HAS TO LEAVE THE CITY AND HAS TO SETTLE IN OTHER STATE SO HE APPOINTED A POWER OF ATTORNEY FOR DEALING OF HIS PROPERTY WHICH IS MORTGAGED IN BANK. THEN BANK REPLIED THAT THE POWER OF ATTORNEY WILL NOT ALLOW TO PAY DUE AMOUNT INSTEAD OF LOANEE. THEN MY CLIENT WENT TO DEBT RECOVERY TRIBUNAL THROUGH HIS POWER OF ATTORNEY AND DRT ORDERED TO DEPOSIT MONEY AND HE PAID AS THE INSTRUCTION OF DRT. THENAFTER BANK PREJUDICALLY MADE COMPLAINT IN RELAVANT POLICE STATION FOR THE CHARGE OF SECTION 420 (IPC),

ACCORDING TO MY EXPERIENCE THIS IS A MATTER OF CIVIL NATURE

CAN ANYBODY GUIDE ME ABOUT THIS MATTER THAT IS IT A CRIMINAL OFFENCE OR CIVIL DISPUTE?



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 3 Replies

bhagwat patil (Property due diligence 9422773303)     13 June 2011

If DRT has ordered to pay the amount by way of selling the mortgaged  property and you have paid entire amt.its legal one.

Ashok Yadav (Lawyer)     13 June 2011

Why the bank complain to police to file FIR u/s 420 against you, have you committed any forgery with bank ? you are not disclosing complete facts, without knowing complete facts it will not possible to advise correctly.

Vinesh K Chhaya (ADVOCATE)     16 June 2011

I have purchased a property from the borrower directly... thenafter i sold it to third party n did sale deed WITH CONDITION that responsibility of due amount will have to be paid by the purchaser...purchaser had tried to make payment through demand draft, check and lots of correspondance to the bank have been done about the transactions...but bank had not made any reply...and directly it complained to the police but FIR is not registered yet....


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