Hi We have a property which I've been renting our for last 20 years.This was allotted to me through government lottery in 1989. In 2012 we came to know about a unknown person trying to take car loan from various banks using our residential address. This is unknown person ; we've never rented our flat to this person neither do we know anything about him. As soon as we got to know about this we launched police complaint , complaint & advisory with society , rationing & also gave newspaper declaration. This week we got to know that same person had taken loan from one Bank & defaulted . Bank has issued a notice through recovery tribunal on the name of this unknown person however address is ours. We have formally informed tribunal that we don't know above said person & the property belong to me. Pls. do let me know if there is any legal step that we need to take in this matter ? Does this in any way will harm my property ?? Request your advise.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You are absolute owner of your property
2) on fraud being discovered you have informed local police station, issued public notice , informed the society
3) you are not to be blamed if bank gives loan without verification that person is actually residing in said address or not
4) no further legal steps are to be taken by you
1.Yes, you have taken the right decision in lodging the complaint with the local police.
2. Now try to nab these person through police. Else he will make more fraud using your address.
3.The problem is though you are n0 way involved in the ban loan default maters, you will need representation beofre the DRT to make your position clear to it which involves both time and money.
4. Meet higher officials of the Police so this racket is busted soon.
1. you may file a criminal case for the offence of fraud against that person and bank manager because according to SERFACIE ACT bank is bound to collect all relevant information at the time of granting loan.
2. in your case bank is also involved because in each and every case bank is bound to make physical examination about residence of borrower.
3. neither you are a guarantor not legal heir of borrower so you cannot be dragged in this case only on the ground that borrower has used your residence for address proof.
1. Since the tribunal has issued the notice it is imperative that you defend your title before the tribunal.
2. It is not clear from your query if you followed up the police complaint that you had made, and if you did then what is its present status. If the FIR was lodged then a certified copy thereof can be produced before the tribunal to prove that the debtor had no right, title or interest in the property.
Besides police complaint, if you are knowing the details of the present case, you may file a petition before the tribunal to implead you as a party to the case and explain the fraudulent acts done by the defaulter and there is no link between you and the defaulter and that this property may be excluded from their proposed action since it do not belong to him., you may even file an affidavit in this regard before the tribunal to authenticate your explanation to defend your interests in your property.
