• Property clearance

I purchased textile mill land at Karnataka Hubli Gadag from KSIIDC financial institute at Bangalore free from all encumbrances and liabilities of whatsoever nature in 2003 but the 7/12 extract shows the bogus loan of other banks on that land but the land has been transferred on my name but the banks are not giving NOC to submit in tahsildar off to remove their name and KSIIDC is also not doing any thing.

What should I do? I stay in Mumbai, can I file case at Mumbai court and make them paries KSIIDC and all other six banks or I have to file from Hubli or Bangalore?
Asked in Property Law from Mumbai, Maharashtra
The suit regarding immovable property is to be  instituted in the court within the local limits of whose jurisdiction the property is situated. In your case the dispute is not regarding property but a wrong done by the financial institutions. In such cases the  suit can be filed In the place, where wrong or damage has been caused, or In the place, where defendant  carries on business, If the Banks who advanced loan have offices in Mumbai, you can file a suit there impleading KSIIDC as also a party.
H. S. Thukral
Advocate, New Delhi
529 Answers
145 Consultations

5.0 on 5.0

Thanks for posting your question.

From a cursory review of the information provided, the property is located at Hubli, Karnataka. Further, the bank also it seems is located at the same place. So, if any transaction has taken place, then the remedy lies with the court of appropriate jurisdiction at Hubli only and not at Mumbai.

The Mumbai courts have no jurisdiction to try a case for which the cause of action arose at Karnataka. Further, it seems the defendant in your matter will be the banks and KSIIDC and some other private respondent. Since those persons also seem to reside at Karnataka, then again the jurisdiction will be of the local courts at Hubli.
As it is mentioned that some loan amount is shown pending against your property, it seems that some private respondents might have taken a loan against the property by defrauding you or the banks or KSIIDC and unless I review the following documentation, I will not be able to tell you for sure as to what remedy (civil or criminal) will suit you the best:

1. property documents, title documents, licences, etc.
2. loan documents you may obtain them from the concerned banks;
3. documents pertaining to transfer of property from KIIDCD  to you;
4. correspondence between you, banks, KIITD, and hr tehsildar; and
5. any other relevant documents regarding the transactions.

After a detailed analysis of the above, I will be able to tell you for sure as to where your remedy lies.

Thanks and regards
Nishant Bora
Advocate, Jodhpur
111 Answers
32 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
18791 Answers
176 Consultations

5.0 on 5.0

Ajay Sethi
Advocate, Mumbai
28616 Answers
1553 Consultations

5.0 on 5.0

Krishna Kishore Ganguly
Advocate, Kolkata
13980 Answers
310 Consultations

5.0 on 5.0

Ashish Davessar
Advocate, Jaipur
19896 Answers
521 Consultations

5.0 on 5.0

Devajyoti Barman
Advocate, Kolkata
7319 Answers
84 Consultations

4.9 on 5.0

Shivendra Pratap Singh
Advocate, Lucknow
3313 Answers
51 Consultations

4.9 on 5.0

Rajgopalan Sripathi
Advocate, Hyderabad
996 Answers
73 Consultations

5.0 on 5.0

Ajay N S
Advocate, Ernakulam
2070 Answers
24 Consultations

5.0 on 5.0

Shashidhar S. Sastry
Advocate, Bangalore
1338 Answers
75 Consultations

5.0 on 5.0

Kiran N. Murthy
Advocate, Bangalore
831 Answers
62 Consultations

5.0 on 5.0