Dear Lawyers, Recently I purchased two flats from a broker. He said there are two flats available for cheaper rate . he said flat value is of 30 lakhs so for investment we thought of purchasing and he said bank will give loan for 40 lakhs and 10 lakhs you can use repay to the people from whom I have borrowed to pay down payment. He has also got us tenant from which we are paying half of emi Recently we came to know that the broker has sold the flats to many people without landlord knowledge with fake documents. Now its been more than 2 years I have been paying Emi. Will the bank accuse me or the broker who has misused me. Because I am planning to work abroad. Will the court give permission to work abroad if bank files any case against me?
1. If you have sufficient evidence that the broker has cheated you by providing fake documents without the permission of the landlord, file a complaint, along with the landlord against the broker in the jurisdictional Police Station.
2. As long as the EMI's are paid in time to the Bank, the Bank may not initiate any further action.
3. You may work abroad as prima facie there's no intention appears against you.
Hi Sir, thank you for the information. But what if the broker tries to say that i was also involved in this as i have been getting rent from broker account ? because his relatives are only staying the flat
If there's no evidence of your direct involvement in the creation of fake documents, you can't be fixed in the conspiracy as you are also a victim of fraud. Just because you are getting rent from the broker's account does not mean that you are also involved in the conspiracy.
Bank is supposed to do due diligence before granting loan
2) you have paid EMI on time and there is no default
3) if fake do are used for sale of flats then original flat owner will file case against you and broker for forgery ,fabrication of documents
4) as on date no criminal case is pending against you
5) you are at liberty to go abroad for work purposes
Seller must have come with his aadhar card ,PAN Card at time of registration of sale deed
If forged Aadhar card has been used then case should be filed against broker ,imposter for sale of flat
You might be prosecuted under relevant provision of Indian Penal Code or Contract Act.
You must collect all the relevant evidence that this problem occurred on the behalf of the contractor.
I need more information to guide you through this situation.
You can ping with the relevant details such as Agreement details, how rent is collected, do you provide any rent receipts, is there any rent agrement.
Also your concern of going abroad this totally depends on the court and your case.
You can file FIR for fraud if he sells single property to many customers
If there is a criminal complaint initiated against you then it will be a troublesome situation for you to get employed abroad without the permission of court.
If you have purchased the property by a registered document then how can the broker dupe others by executing the sale deed differently with some fake documents.
By the way how is the broker selling the properties to the buyers without any authorisation from the owner?
Whether you gave a complaint against the broker for this fraudulent act , if not do it immediately to avoid being implicated in a fraudulent case
Firstly if this property was sold to you fraudulently then the bank would not have granted you loan against the advise of their panel advocate.
Moreover you had been paying the EMI loan repayment regularly hence the bank will not initiate any action against you, but if the landlord/owner wants to take action he can file a criminal complaint against you as well as the person who sold the property fraudulently to you.
The broker himself has turned out to be a fraud, then how his statement will be relied upon by the police, hence his clean chit to you may also not be appreciated by the investigating agency.
Therefore you have to initiate legal action agaisnt the broker in advance before there occurs any development of criminal action against you.
Before granting a loan, banks are required to conduct thorough due diligence procedures. In your case, you have diligently ensured timely payment of EMIs and have maintained a flawless record without any defaults. However, it's essential to be cautious about the authenticity of documents involved in property transactions. For instance, if fraudulent documents are exploited in the sale of flats, there is a significant risk of legal repercussions. Such actions could lead to the original flat owner pursuing legal action against both you and the broker for engaging in forgery and document fabrication.
It's noteworthy that you currently don't have any pending criminal cases against you. This clean legal record affords you the freedom to travel abroad for work-related purposes without any constraints. It's imperative for property transactions that sellers provide valid identification documents such as their Aadhar card and PAN card during the sale deed registration process.
However, in situations where counterfeit Aadhar cards are employed, it becomes necessary to initiate legal proceedings against both the broker and the imposter involved in the fraudulent sale of the flat. This ensures that appropriate action is taken against those responsible for such deceitful actions.
It is highly unlikely that your purchase of the flats was a result of fraud presuming that you are disclosing the actual facts.
Apprehension of a bank filing a case here is highly premature, if at all it happens then the nature of the case will decide the future course of action.
If some third party claims the property then you may contest/file a criminal case or civil suit based on your registered sale deed.
Getting rent from a broker account is not a conclusive proof of any involvement.
- You can lodge an FIR against the broker for the offence of cheating and breach of trust , and further send the copy of FIR to the bank for information and to save your self from the legal consequences.
- Further, you can also file a recovery suit against the broker for getting the refund of the paid amount , and to settle the banks loan.
- Further , as you have been paying the emi , then the bank will not take any legal action against you , and you are free to go abroad.
