• I bought the house in 2010

I bought house in 2010 and it's registered sale dastavage I pay money by check and I also have the possession of house too also in 7/12 of land record my name is there. Now recently found out the seller of the house took the loan from hdfc Bank on this house and he never paid it and now Bank try to seal my house and try to get the order from the collector to take possession of my property. In registered sale seller strictly denied of having any loan on the property. Please help me
Asked 1 year ago in Property Law from United States
Religion: Hindu
1) you are bonafide purchaser of value

2) you have paid full consideration to seller

3) you can move court and seek injunction restraining bank from taking possession of your house

4)file case of cheating , criminal breach of trust against seller 
Ajay Sethi
Advocate, Mumbai
45562 Answers
2677 Consultations

5.0 on 5.0

You failed to carry due diligence to ensure that the title of the property you were going to purchase was free and marketable. Be that as it may, now move the DRT to seek a stay order against the attachment of your house, and at the same time file a criminal case for cheating and breach of trust against your seller. This apart, you may also file a lawsuit to seek the refund of the sale consideration as the seller committed fraud.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. It appears that the seller of your house has fraudulently sold it to you when he had already mortgaged the said house to HDFC Bank while taking loan from them,

2. It also appears that you have not checked and asked for handing over the original title deed of the Vendor to you from him which he had deposited with the Bank for the purpose of creating mortgage on the said house. Had you asked for the said Title Deed, the rat would have come out of the bag of the Vendor,

3. Please note that mortgaged property can not be dealt or sold by the mortgagor without the consent of the mortgagee,

4. The Bank must have initiated SARFAESI proceeding against the Vendor being their Borrower and will now apply before the DM/Collector for their permission/approval for taking possession of the mortgaged property with the help of police,

5. After taking physical possession of the property, the Bank will sell it of to realise their dues,

6. Lodge a police complaint against the Vendor for cheating and defrauding you,

7. Also file a damage suit against the Vendor claiming refund of the consideration you had paid to him while buying the house with interest, damage and cost,

8. You can also file a S.A. ( SARFAECI APPLICATION) before the DRT praying for relief though finally the said application will be rejected since the sale of the said house has been registered after it was mortgaged with the Bank.
Krishna Kishore Ganguly
Advocate, Kolkata
18499 Answers
448 Consultations

5.0 on 5.0

You can file a cheating case agaisnt the seller

You can file an appeal agaisnt the bank's action before the DRT under section 17 of sarfaesi act.

You can file an injunction suit against bank restraining them from taking possession of your property.

You can file a writ petition on the same lines before high court.

You should discuss the mater thoroughly with your advocate and proceed further.

T Kalaiselvan
Advocate, Vellore
35711 Answers
387 Consultations

5.0 on 5.0

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