In which court are you representing your cause and under which provision
Penalty of old tenants against property
Hello sir, i live in new delhi and i have a bungalow. We purchased it 12 years ago from a second party. Now the problem is that before the second party(from which we bought the house) the third party which used to live here took a loan via new india assurance against this property. And now the company claims to pay the ramson amount or they will cease the property. We are fighting the case for the last 10 years but no result is coming out. What should we do??
Asked 8 years ago in Property Law
Religion: Other
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
4 Answers
1) you have to wait for suit to be disposed of
2) your sale deed must be containing an indemnity clause
3) if adverse order is passed against you then you have to sue the seller to recover your money with interest
Who is this third person, whether he was a joint owner or an outsider?
From who,m did you buy this property, whether the vendor had marketable title on his name to sell this property?
Whether you had taken proper legal opinion before buying the property?
Why and how this property was mortgaged with the New India Assurance company?
Whether the insurance company is into mortgage business, or for what purpose the insurance company is claiming the property?
You have not given the details of the case whereas you say that the case is pending for over 10 years, you have not given even the nature of case or stage of the case or present status.
You may revert with the details in order to get proper opinion or else any opinion given shall be misguiding and you may still grope in dark.
1. you should file a criminal case for criminal intimidation.
2. you should file an application before the DRT for not issue any further order of attachment because borrower committed fraud, security is infructuous and bank had committed fault in passing loan (improper inquiry about mortgaged property)
3. a person who is not owner cannot take mortgage loan. it is duty of the bank to make proper inquiry about security. if bank committed fault then it should be suffer.
