Hi i am from Mumbai ,i had a oral agreement with my landlord and paid him hugh amount without agreement on record as this was his Benami property but cash vochers were signed with revenue stamp also I have may Whatsaap messages which proof my right . I am staying in this house since 2011 and till 2018 ,the landlord was cooperating ,now that the property rates have increased his mind has changed . recently we came to know that he had taken a mortgage loan from bank ,have have gone with DRT procedure and have now approached MM court for possession . we have already paid appox 11 lakhs plus in the mortgage account via RTGS and balance payment of 60 lakhs also we are ready to pay in 7 days but bank has refused and informed us that we are 3rd party and they will not accept payment from us . pl suggest and also give us judges which favours us we have approached bank and have informed them that we are ready to pay full and final dues of bank with all the charges applicable but bank has refused to take payment from us
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bank will not accept repayment of loan from third party
2) since mortgage of property was done by mortgagor he has to repay the loan
3) in the vent property is auctioned you can then if you are the highest bidder on confirmation of sale be the owner of property
Dear Client,
On the basis of payment, file declaration suit and seek injunction agasint builder and bank or status quo. If you will make payment still title will clear for builder only. Instead of paying default payment to bank, get declaration from civil court.
Physical verification commits before loan disbursement, so possibly this is done in connivance with bank employee and builder. Haven`t original property documents were delivered to you ?
If your owner is ready then you can pay loan amount to bank behalf of owner consent.
Hi, Make a registered agreement with owner and pay the bank dues through him only and ask him to executed the Sale Deed and get the clearance from the Bank. Through owner only you will get the property in your name.
See approach DRT (Debt recovery tribunal) under section 17 claiming your rights over the said property. The third party can apprappr DRT and can contest for it's rights and possession in said property.
has bank initiated action against landlord under the SARFESI Act?
i assume bank gave landlord notice for repayment of its loan within 60 days and on failure the bank would auction the property
against the above the landlord must have applied to DRT for stay
you can file a miscellaneous application in the above application of landlord for settling the bank's dues by you with consent of landlord
i do not see any harm that if landlord is himself consenting then why the bank will refuse to accept the money from you
the parties can file consent terms in DRT in which the bank, landlord and you can sign and obtain a consent order from court
1) If you had made Agreement to Sale deed also than you would had rights in your hand. Now there is no such legal rights in your hands.
2) You have to apply as owner legal advisor or POA and on his behalf you have to run the DRT case and get two POA signed from owner on for to fight case against Bank and one to hold property rights on behalf on owner.
3) So in this way bank can accept your money and need to submit same POA in the DRT and ask DRT judges to order to bank accept the payment from you. This needs to be done so fast before order is pass by judges.
Additional Points:
4) See I have answer correctly and understand your question correctly. here above I am not talking about your relationship between landlord and Bank.
5) Here what needs to you should do that the flat should not go from your hand and remain in your possession after paying 11 lakhs INR to landlord without any agreement.
6) So to save yourself, You have to take POA for legal court matter from landlord and second POA of property title ownership.
1. Take a registered POA from the Landlord in your favor, with strategic clauses to deal with the property in any & all manner, without any exceptions.
2. Based on the POA, you will be able to deal with the DRT proceedings, the Bank and other whosoever's, without any legal hitch. You can use the POA to transfer the property in your own name, later on.
Keep Smiling .... Hemant Agarwal
Even if you pay you will not get proper title. As on record he is the owner and you are in possession. At the most you will again have the possession Only.
Dear Sir,
Please take a document like power of attorney or assignment of debt in your favor and get it register if necessary and again approach not only the bankers but also before magistrate. In the meanwhile you may try to file a case either before DRT or High Court thus you may get chance to pay the dues and stop auction of property.
- As per law , the bank will not issue the mortgaged documents in favour of you even after the refund of the compelete loan amount.
you should entered a written agreement with the Landlord and registered it , for the safegurd of your payment and right over the property.
- Landlord should execute a registered power of attorney in favour of you .
- Keep each and every proof of payment to the bank on behalf of the Landlord.
- Since, the said matter is already before the court of law, hence , there is no need of worry for you.
- Move an applicaton with the proof of all payments done by you , on behalf of the landlord before DRT.
- The matter will be settled by the bank and paper will be released to you by the bank , because, the bank is liable to release the paper after taking the loan amount from the landlord or on his behalf .
The bank can refuse to accept the payment from you for clearing the dues.
The bank has not advanced loan to you neither the property belongs to you.
Therefore the bank is right in rejecting your offer.
For your information even if you are allowed to clear the entire dues and discharge the bank loan in full, the bank will not release the property documents to you since you are not the title holder.
Dont waste your further money in that.
