• Resale apartment loan

Can bank hold the borrower(buyer) liable post sanctioning of part of housing loan (in this case for closing of seller's pending amount of housing loan) if seller's flat documents are not genuine? In this case the flat documents could either be provided through the seller's bank or directly from seller.
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

Bank can sue both seller and buyer 

if loan has been sanctioned on basis of fraudulent documents 

 

2) there may be collusion on part of parties to defraud the bank 

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

- If the bank has already sanctioned the loan , and the buyer and seller have submitted their agreement to sell prior to the registration of sale deed , then both i.e. seller and buyer is liable , in case of fraudulent.

- However, if the seller has submitted the fake documents before the bank for getting loan sanctioned after keeping the buyer in dark  then sell is liable for the said fraudulent and bank can lodge a compliant against the seller only. 

Mohammed Shahzad
Advocate, Delhi
14651 Answers
224 Consultations

In my view NO

How can the buyer be held liable if the seller's documents are not genuine?

In fact the bank ought to have done it's own due diligence before granting loan to the buyer 

If the seller's loan is not fully repaid or foreclosed then it means that the original documents will be with the seller's bank and not with the seller 

Yusuf Rampurawala
Advocate, Mumbai
7722 Answers
79 Consultations

1. If the flat was earlier mortgaged with the Bank of the seller then the buyer's should have asked for the title deed from the seller's bank before sanctioning the loan to the Borrower.

 

2. If the title deed is found to be fake, then it is a criminal act for which police complaint alleging fraud shall have to be registered by the person who has deposited the said fake deed with the Bank.

 

3.The buyer's bank shall have to write to the seller's bank seeking custody of the original title deed if the same has not yet been taken away by the seller after repaying his outstanding amount.

Krishna Kishore Ganguly
Advocate, Kolkata
27501 Answers
726 Consultations

Your question is lacking details.

However it is presumably  understood that whether the bank will hold the buyer liable for the balance amount to be paid by the seller towards the pending loan?

Or is it that seller's documents are not genuine?

To the second question, since the seller would be clearing all his loan dues by discharging the entire loan amount, the buyer cannot be held liable for any dues to be paid by the previous borrower/seller.

Even otherwise  the buyer cannot be held liable for a third party's fault.

The buyer can refuse to pay any amount that is pending to be received from the seller to the bank.

 

If you want more clarification, you may revert wit more details.

 

T Kalaiselvan
Advocate, Vellore
87471 Answers
2348 Consultations

Dear sir/madam,

yes they can do it. Since the contract is based on trust and at any stage if it is found that the contact has been unlawfully created, it can lead to breach of contract and the borrower can be sued for criminal breach of trust, fraud etc. 

 

Anik Miu
Advocate, Bangalore
10299 Answers
121 Consultations

For any unpaid amount of loan the bank can proceed against the property. it doe snot make any change whether the borrower had sold this property to someone else or not. 

Devajyoti Barman
Advocate, Kolkata
23288 Answers
519 Consultations

Only if he is responsible intentionally otherwise no

Prashant Nayak
Advocate, Mumbai
32698 Answers
208 Consultations

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