Signature forged and land mortgaged - bank auction - SARFAESI
My property documents were misplaced years back. Now when I took the Encumberance certificate I found out that a sale deed has been executed in the year 2001 with my signature forged on it. Again in the year 2008, the alleged new buyer has mortgaged it with a Bank and subsequently defaulted on the payment. The Bank has now taken possession of the land is trying to auction it. I contacted the bank and explained what has happened. However, the bank manager while on one hand warning me of the lengthy legal battle that may follow, on the other hand offers a not-so-sincere offer for me to settle the principal amount due on the mortgaged property and take possession of my property. What can I do to reclaim my land? Please advise.
Asked in Property Law from Chennai, Tamil Nadu
1) did you lodge FIR about loss of original documents ?
2) did you issue public notice about loss of originals ?
3) if your signature had been forged file complaint against person who forged your signature
4) also move court to set aside sale deed executed on forged signatures
5) file intervenor application and seek stay of auction proceedings filed by bank
1. Did you lodge any missing diary for misplacing your Title Deed?
2. If not then lodge it now,
3. After that file a criminal case against the seller of your property in the year 2001 for faking your signature,
4. Also file a SARFAESI Application before DRT within 45 days from the date of publication of the e-auction notice and pray for a stay order on its sale till the application is not settled,
5. Simultaneously file a declaratory suit before the Civil Court praying for declaration that your signature was fraudulently faked in the year 2001 in the sale deed to illegally register it duly praying for a direction on the Registrar to cancel the said Registration of false Title Deed,
6. Contact a local lawyer having expertise in this field.
You should not accept the offer of the bank manager. You are at no fault. It is not your mistake but it was a fraudulent act by somebody. You should file a suit for cancellation of the alleged fraudulent sale deed done by fabricating the records/documents. If you know the name and address of the fraudster, you may lodge a police complaint too against him for this act.
Consult a lawyer and proceed as per is further advise.
1. You should immediately move to the civil court to seek a stay against the auction of the property which may be done at a throwaway price. If the bank auctions the property and thereby creates third party rights it will be an uphill task for you to impeach it in the court.
2. You should also challenge the sale deed which has been executed with your forged signature thereon to seek its cancellation.
3. A criminal case for cheating should also be filed against the seller.
4. The cumulative effect of the legal measures enumerated above may save your land.