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danish (Manager)     21 April 2011

Urgent help on fraud

A person has taken a loan of 75 lakhs from Govt Bank , 25L on his flat, 25L on stocks which were lying on his rented shop and again 25 lacs on stocks which were lying on his other rented shop. The person has bribed the officials to get it sanctioned. (ie; 5% of the loan amount).

 Now the person is absconding and the bank officials has merged all the 3 loan a/c together for recovery.

But before absconding  the fraud person has take a huge amount from tenant without informing the tenant about the loan, The tenant is staying in that flat for more then  3 years. Now the bank officials are harresing the tenant to vacate the flat or else to pay the entire loan amount with interest. The tenant is ready to pay the loan which is on flat that is 25 lacs but the bank officials are demanding more money.

What can be done please give ur valuable suggestion.


 7 Replies

Shivakumar (MANAGING DIRECTOR)     23 April 2011

Tenant is staying form 3 Years ,  and he is not paying any rent to any one as he had paid huge amount ! yes i understand that ,  frist

is tenanet is having a legal documents of hiring a house for rent and all the said amount is in written?

if yes then the tenanet can go to court requesting to continuation only  as the property is belongs to the person who have to pay to bank as per sarfase act the rights of property is with Banker if the owner fails to pay any dues

if tenanet is having any legal decoumants then the tenanet is elagible for recovery of his deposit amount by appeling in the court along with documents and the amount is followed by bankers amount with interest

that means tenanat have to wait for sale of property and have to file due amount pending in the court along with intimation at sub register office so once the due of bank is over the next on the same property will be tenant



1 Like

danish (Manager)     23 April 2011

Thanks a lot Sir,

We have two agreements for the same of eleven month each, even the gas receipt is in our name. Earlier after negotions with bank the bank was ready for settlement in 24 lacs, but now they have changed they want favour in terms of cash from us (bribed). Now they are asking for the entire amount 75lac+interest but the value of the flat is too less. We are even ready to pay the loan amt which is on flat and get clear title. please assist me is ther is no other measure. The flat owner is absconding for months and he is a fraud.

V. VASUDEVAN (LEGAL COUNSEL)     24 April 2011

It would be idetl, if the tenant wants to protect his interest, to approach the civil court and obtain an injunction order, proclaiming his right of tenancy/lien on the flat, till his loan amount is adjusted. Also the tenant should file a criminal case against the owner for cheating and also include the names of the bank officials colluding with the owner in the conspiracy. Once this two actions are done, both the bank and owner would approach the tenant for a fair and amicable settlement!


1 Like

danish (Manager)     25 April 2011

Thanks a lot Sir for ur valuable advice, But i belive that the owner  wil newer come coz he has done frauds with many people. Thanks a lot.


Negotiate with the bank for the amount. But mind it, at the time of repayment, although the bank would give you receipt for the amount paid but that would also be in the name of the original owner. Still further, the flat will remain in the name of the borrower only and the original documents submitted to the bank while mortgaging the flat can be claimed back only by the original owner, not by the tenant. If the tenant can take all these risks, he may do so.


In addition to above, I may add, the bank cannot evict the tenant without getting eviction order from the court of law.

Sudhir Kumar, Advocate (Advocate)     29 January 2012

I will agree with Mr Shiv Kumar and add that the tenant is the possessor of the property.  He has right of possession against the whole world except owner of flat. At present owner is absconding and will neither come the pay the loan nor to claim the rent. If Bank assume the title later own still they need to follow the procedure to get it vacated.


 I will agree with Mr Vasudevan that he may file criminal case against loanee and Bank official. But I see in the present circumstances he has crated no ground for tenant to file criminal case.


Agreeing with Mr PS Dhingra I would ask as to why should tenant be interested to pay the loan of owner unless he is hiding something. Why does he not call the police when someone comes to disturb his privacy.


  • is he interested to usurp the flat?
  • has the owner created any interest in his favour in the flat?
  • is he party to the loan?
  • is he guarantor of the loan?
  • Is it a Govt bank official demanding bribe then why tenant cannot contact CBI and have them arrested.


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