• 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 6 years ago 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
616 Answers
201 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
36 Consultations

4.9 on 5.0

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