Court attachment against bank auctioned property
Querist :
Anonymous
(Querist) 07 August 2019
This query is : Resolved
Hi sir, Actually I am in little trouble and would like to hear you advice on this. I was the winner of an e-auction conducted for selling of property ( house plus 6 cent land) by bank. After the auction I paid full auction amount ie; 21 lakh( 10 lakh loan provided me by the same bank aganist this property). Before issuing the sale certificate I came to know from the village office that this property is also attached by family court due to the divorce case issue of the ex owner ( defaulter). This court attachment exist since Feb 2019, auction date 02 July 2019, possession of property taken by bank as per sarfeasi act on 20 Nov 2018.
With existence of this court attachment registration will not take place. I informed bank about this issue and bank submitting tip petition to release this court attachment to complete the registration process. What you think, is it possible and am I able to get the ownership of this property without any delay. It is my humble request you to give me a good suggestion.🙏
Guest
(Expert) 08 August 2019
Family Court's attachment will not have any Legal Binding on your Property
Guest
(Expert) 08 August 2019
You complete the Procedures of transferring the property in your name like Patta , Taxes etc related to the property and take the possession of the concerned property immediately
Guest
(Expert) 08 August 2019
Such Family Court attachments Will not reflect on Encumbrance Certificates at concerned Registrar Office also.Please Confirm
P. Venu
(Expert) 08 August 2019
Since the Bank itself has initiated the steps, wait till the decision of the Court.
Dr J C Vashista
(Expert) 09 August 2019
Court attachment shall have preference over proceeding of e-auction.
It is advisable to show the documents to a local prudent lawyer for better appreciation of facts, guidance and proceeding.
