• Will including myself in OA, DRT Chennai help me

Hi, I am a employee, in 2016 I purchased a individual house from a builder in Tamil Nadu, got it financed through home loan LICHFL TN. 

In 2018 I was told by IDBI (banker) that the same land was mortgaged in 2015 and the debtor had defaulted so it became a NPA. 

One of the debtor had sold the land to builder, the builder had happened to sell it to me. I got to know this when banker told me.

Currently the case is pending between banker and defaulters in chennai DRT. Should I become part of the OA and appear in DRT court? Do I have any chances of defending myself before DRT? can I save my property as I have verified EC before registration, got loan sanctioned and in possession of the property from 2016.

Can I sue the builder for selling property which had title deed issue if DRT does not come in favour of me.
Asked 2 months ago in Civil Law

14 answers received in 1 day.

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17 Answers

You should file intervenor application in DRT 

 

that you are bonafide purchaser of plot from builder , loan has been sanctioned and you are in possession of plot 

 

you can sue the builder to recover your money if decision of DRT is against you 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Yes you can intervene in the OA

And also sue the builder by filing a separate suit 

Yusuf Rampurawala
Advocate, Mumbai
6435 Answers
54 Consultations

5.0 on 5.0

If the land was mortgaged in 2015 in favour of IDBI Bank, it would reflect in the EC for the relevant period. Registration of the Memorandum of Deposit of Title Deeds (MoD) with the Sub-registrar's Office was made compulsory from 2012 onwards in Tamil Nadu. If it was not done, the mortgage claimed by IDBI Bank would be invalid legally. Please verify these facts based on documentary evidence, first. If the MoD was not registered, you may challenge the claim of IDBI Bank.  If it was done, your title would be defective. In that case you may sue the builder at the proper court for necessary remedy. In any event, the DRT is not the competent forum to decide the title of the property; that power lies with the district court under whose jurisdiction the property is situated. However, as the financier to whom you have mortgaged your property, LICHFL may join the DRT proceedings.

Swaminathan Neelakantan
Advocate, Coimbatore
870 Answers
17 Consultations

4.9 on 5.0

File an application before DRT to include your name. You can defend if you are conversant in  Law.

Regards 

G.RAJAGANAPATHY 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2001 Answers
8 Consultations

4.9 on 5.0

Firstly you cannot say that since encumbrance certificate did not reveal the adverse information hence your title is clear.

The land was under mortgage hence you should have enquired about it at the time of purchase itself.

Mortgage of this particular property will not reflect in the EC if the entire property was mortgaged.

The builder should have revealed the fact of mortgage of the land with a bank and should have obtained NOC before selling the flat to you.

The builder suppressed this fact while selling the property to you.

In fact you too ignored the requirement of verifying the genuineness of the property by obtaining a proper legal opinion before purchasing the property.

You have to blame yourself for the lapses on your side.

You may file an application to implead you as a necessary party in the DRT case and try to get some relief, but it cannot be assured, hence it is advisable that you file an injunction suit against the bank to restrain them from taking possession of your property without following due process of law.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Have you mentioned Encumbrances and indemnity clauses in your sale deed which is registered with sub registrar office.

 

Then you can demand your all earnest and final money from builder along with the interest or ask to pay to loan amount of previous owner (IDBI).

 

If you wish may send me all documents for review.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

Dear Sir

You may intervene at the DRT since the encumbrance certificate did not mention anything about the mortgage and you are the rightful owner of the property.

The builder was bound to reveal this information to you and therefore you should sue him in case the DRT rules against you.

Thank you

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

In the event there is a mortgage entered into the bank and the borrower defaults on the loan, the property is on charge to the bank. Even if the borrower sells the property to another person during the mortgage period, the charge remains. The right of a lender over borrower assets is called a charge.

 A charge had already been created with the banker and defaulter, so the bank filed a case against the defaulter in DRT. In this case, you could file a claim for the property before the DRT, but it would not be sustainable. Although you can put in an application to make you a necessary party in the DRT process and try to obtain some relief, there is no guarantee. Therefore, it is prudent to bring an injunction suit against the bank to prevent it from evicting you without following due process.

The builder will be liable for the money owed to you if you fail in DRT.

Ajay N S
Advocate, Ernakulam
3931 Answers
83 Consultations

5.0 on 5.0

You can Intevene in the said proceedings if you want. If you have taken the same through bank then bank will be responsible for the same

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

You have to sue the builder to recover money paid by you with interest 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Have you talked with Builder in this regards for making fraud transaction with you. 

Has he ready to make compensation with you with any other properties belongs to on his name or money.

 

Here only the sale deed of encumbrances and indemnity clauses can save you and take action against builder.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

1.You should have obtained the original title deed of the land on which the house was constructed before buying it.

 

2. You have been grossly cheated by the builder in collusion with the land owner.

 

3. Lodge a police complaint against the land owner and also the builder for cheating you immediately.

 

4. You have very week position in the case filed before the DRT by the Bank since the land  on which the house was constructed was mortgaged with the Bank and mortgaged property can not be dealt with.

 

5. However, file an intervening application to bring forth the fact before the DRT and   pick up the mistakes made by the Bank to take the matter in your favour.

 

6. Find out whether the Bank has registered with the central registrar, the property which was mortgaged as per section 23 of SARFAESI Act.   You shall have to find some fault with the Bank to defend your interest.

 

7. Engage a local lawyer having expertise in this particular field.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

You have not clarified the doubts raised. Did IDBI register the MoD, and if so, is the entry reflected in the EC? If so, how did LICHFL clear your title and ownership legally before extending you a housing loan? Please write to LICHFL explaining your position clearly and ask them to contest the claim of IDBI Bank before the DRT. In any case, your liability to LICHFL stands notwithstanding your title or otherwise over the property. Unfortunately, that is the legal position. Please provide all relevant facts to enable me to advise you on further steps to be taken to safeguard your interests.

Swaminathan Neelakantan
Advocate, Coimbatore
870 Answers
17 Consultations

4.9 on 5.0

There is no early solution for this unless the builder is magnanimous enough to return your sale consideration amount, but then how can he return it because the property has already been sold to you by a registered sale deed. 

You may have to wait and watch the developments or to participate in the ongoing proceedings  pending before DRT, alternately you may have to file a suit for injunction against the bank restraining it  from taking possession of the property. 

You are paying heavily for your ignorant attitude at the time of purchasing the property.

The fee for legal opinion would have been a very paltry or meager amount  had you obtained it before purchasing the property because of which you are in a deep trouble now. 

Even now it appears you are reluctant to engage the services of an advocate to fight your case properly through different courts. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

You can send them notice too. You can also file complaint before consumer court for compensation. You can approach me through LinkedIn for further assistance

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Dear Sir,

1. As stated earlier, The builder was bound to reveal this information to you and therefore you should sue him in case the DRT rules against you.

2. This is the most viable option to get you the compensation in a just manner.

Thank You!

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

- You should move an application before the DRT and prayed for becoming the party of the proceedings , and further file your objection in the said matter. 

- However, before this application you should lodge an FIR against the builder and the landowner for the offence of fraud and breach of trust etc. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

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