Wrongly purchased a mortgage property
I did purchased a property in 15.01.2014 in kolkata area. While buying the same the owner provided missing diary copy of original title deed along with newspaper notice (English and Bengali), I also did carried out searchings and found everything ok. After purchase and registration done mutation also carried out and started living there with family after completing required renovation work.
On 27.11.2014, I have seen a paper notice that one of local bank has posted a pre-sale notice against my property number under SARFACI act. While checking then I found that some ''Minar Enterprise'' has taken a loan on 28.12.2012 against my property & seller is the company owner. I more found out that the said company established on Dec,2012 and the A/c opened with immediate sanctioning loan by bank. The entire money which I paid during my purchase was transferred on-line to the seller having savings bank A/C in the same branch. The bank has declared this property as NPA in July,2014 and bank allowed borrower/seller to withdraw all money from his saving a/c by SELF cheques form same bank and branch knowing that his other A/C is NPA without attaching his PAN number.
After knowing this I met with bank manager to make him know the current status and fact, but felt that he knew everything before my visit to him. Bank denied to co-operate and even refused to take any criminal action against the seller and stated pressurizing me in different way even politicly also to pay the NPA value which was not taken by me. Bank even knowing everything published a e-auction notice on 17.02.2015 and hide present encumbrance occurred without giving any intimation to me. One of the builder also involved in this conspiracy with bank manager and seller and all they are found to be good friends of each other.
I filled criminal suite against the seller as well as broker and bank manager and appealed civil court for permanent injunction on sale of this property in February, 2015. Both these cases are pending for trials.
Later I also came to know that on April, 2015 the actual borrower/seller has filled an appeal to DRT asking for time.
I know that a blunder has happened that I purchased this property with a certified deed copy. But need your view about my position and writes over this property in legal way.
Asked 8 years ago in Property Law
Religion: Hindu