Legal Question in Real Estate Law in India

I am NRI living outside India. In my absence someone has taken mortgage from co-operative bank on my property by:

1. Making a false agreement to sale and making my false signatures (agreement not registered)

2. Taking loan against that property with me as co-applicant (again making my false signatures)

Now bank has given possession notice since loan not repaid. I told bank and showed them that I was away from India (I have passport entries as proof) and all this is fraud.

So bank has taken him to court. Bank has my passport copies to prove I was away from India.

Question:

Will I be called to give evidence in court? Am I bound by law to go to India and go to court etc? Can I refuse to go - since it is between bank and the fraudster.


Asked on 10/18/13, 1:01 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

18.10.2013

Dear Sir / Madam,

Since the fraud has been committed by forging your signatures, if you are in India, it is advisable that you are present in the Court to refute the charges levelled against you.

Regards,

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Answered on 10/18/13, 4:06 am


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