• Multiple housing loan from different banks against the same flat

Hi, we have purchased a flat in July 2015 wherein we buyback the loan against the seller. This loan was refinanced from HDFC against our name at the time of Sale. We again got this loan refinanced from Bajajfinserv and loan from HDFC stands closed. However we have got to know today that building owner has sold this flat to some other party as well and they have taken a loan from Dena bank which bank now has declared NPA. 

Please suggest what could be the remedial action for us as Dena Bank soon be going for property auction.
Asked 7 years ago in Property Law
Religion: Muslim

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6 Answers

1)file case of cheating , criminal breach of trust against the seller

2) file intervenor application in DRT and seek stay of auction of your flat

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1)file intervenor application in civil court if orders for auction has been passed by civil court

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

This is a clear cut case of cheating and fraud by the builder.

You can lodge a criminal complaint against the builder for this fraudulent act and also breach of trust.

If the property is brought to auction you can file a petition before the court seeking to restrain the bank from proceeding with the proposed auction in view of the fact that you are also a buyer and holding a valid registered sale deed in your name.

If the matter is pending before DRT, you can file a petition to implead you as a necessary party in view of your status and also file an intervene petition to record your objection based on the registered title deed in your name.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Though I understand that DRT doesn't come under the picture if recoverable amount is less than 10 Lacs, which unfortunately is the case against the NPA loan with Dena Bank.

If there is no case before DRT in this regard, then you may file an injunction suit before the civil court within the jurisdiction seeking to restrain the bank from proceeding with its proposal to auction the property and also seek the relief of declaration of your title on the basis of registered title deed in your favor.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. Bank advances loan after mortgaging the property being the flat to be purchased.

2. For mortgaging the property, original title deed of it is required to be submitted with the lending Bank.

3. While registering the sale deed in your favour, did you conduct search from the registry offices of your area?

4. If the second sale deed for selling your said flat was registered after it was registered in your name, then the second sale deed is invalid since the property was already mortgaged by that time and mortgaged property can nor be sold.

5. Briefly speaking, whoever registered the sale deed first willbe considered as the valid owner of the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. The lending bank will not be able to file the original application (O.A.) before the DRT if the total claim with up to date interest is less than Rs. 20 lakhs. In this case, the DRT will sell the property

2. However, the lending bank can also initiate SARFAESI proceeding if the NPA amount is more than Rs.1 lakh, by issuing demand and possession notices under section 13(2) and 13(4) of the SARFAESI Act,2002 respectively.

3. You shall have to file a SARFAESI Application (S.A.) before the DRT within 45 days from the date of receipt of the 13(4) notice alleging that you are the acual owner of the said property and for this you shall have to deposit nominal amount to the DRT.

4. You shall come to know about issuance of the 13(4) notice since it will be pasted on the wall of the mortgaged property being your flat.

5. If you fail or neglect to file the S.A. and arrange to set aside the SARFAESI Action initiated by the bank involving your flat, the Bank will apply before the DM u/s14 of the act and consequently take physical possession of the flat with police help and then sell it off to a third party to recover its dues.

6. So, act fast and file the S.A. before the local DRT.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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