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rajesh garg   11 September 2016

Sarfaesi notice on my house which is mortgaged by seller

JSS purchased a house in oct 2006.

Jss taken a equitable mortgage loan 4.5 lakhfrom PNB  in dec 2006 on this property . Original deed is with bank.

Jss was a fraud person and poorly paid his loan, his last payment was in March 2013.

Jss given me a deed photocopy which is checked by me through nec at sub registrar office , no loan was mentioned or registered found in sub registrar office .

As a buyer I was not aware of any kind of loan this property,

I have purchased a house in march 2013 with JSS. And still living in this house from last 3 years

Jss given me previous chain dead which looks like a original deed with all stamps and signature (fake colour photocopy), and he is missing from the day.

Jss accounts gets npa in march 2016, after 3 years of last payment of 5000/=

I received a serfesai notice for symbolic position at my house on the name of jss by PNB and then only I came to know that I am having a fake registry  and original dead of this house is mortgage with pnb. Now bank wants me to pay his loan amount about 9 lakhwith interest as per the surfesai law.

So my questions is

Any remedy for me.  Where to suit this case civil or drt. How serfesai can impact on my house. Is any chance that bank can make settlement with me . should I have to pay full amount or the principal only . should a  sent a settlement proposal to the bank. And how I came to know that there is no other loan on this property.

Thank u,

Jss part a bank party b I am the party c which is present owner

 

 



 3 Replies


(Guest)

If market value of flat is high , then better compromise with Bank and pay his loan,

You can initatiate criminal proceeding against fraud person 

Bank will move under Sarfasi and will try to take possession of flat symbolc /physical and sell it to recover funds

DRT has jurisdiction for SARFEASI , Civil Court can not interfere in Sarfeasi matter

Last month there was amedment in Sarfeasi act so it has becomre more rigid and trouble some to person like you

matt   15 October 2016

Yes! Now Its depends on you. Calculate the current value of property with the help of any local property expert.And if the value is very high then pay bank from your pocket and lodge a criminal case against that fraud person. If your luck help then soon he will be catched.

but first do as i said above to  overcoming stress and problems.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     16 October 2016

You have to legally fight with the bank and also with the fraud person.

 

If ready to fight you can win from the bank since there mare many mistakes in their agreement.

 

They will come for settlement only after fight not before that.


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