Property purchased through sale certificate issued by drt

 

(Querist)
29 July 2019

I purchased a property through auction from DEBT RECOVERY TRIBUNAL - 1 (DRT, Kolkata) via a SALE CERTIFICATE which was issued by the Recovery officer. I want to sell this property now to a private buyer. But all the buyers want to see other papers and are not satisfied by just a sale certificate. My question is:-

1) Does such a property require to be registered in the Registrar office?
2) How to initiate sale of such a property to a private buyer?
3) My name isn't there in the local municipality. The Municipality Enrolment number is in name of the company who made the building. So how to get my name changed in the local municipality i.e how to get it mutated on the behalf of a sale certificate?

Regards

Atulit


Hemant Agarwal (Expert)
29 July 2019

1. Bank "Sale Certificate" under orders of DRT, is Final for all Legal purposes, unless challenged further in Court. Bank representative would have to be summoned for Registration process.

2. Sale Certificate CANNOT mean circumventing statutory liabilities like, Stamp Duty & Registration Fees and following other due procedures of law, annexed with applications for proper Mutation Entries in the Revenue /Municipal /Society records. All former & current liabilities of any authorities would have to be paid by the Sale Certificate holder, since such Auction proceedings takes place on "as is where is basis". Hence all these procedures have to be complied with.

3. You can sell the Property based on the said "sale certificate" and AFTER above compliance's, without any further references to other earlier chain-of-documents of the property.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

kavksatyanarayana (Expert)
29 July 2019

Ji, after issue of Sale Certificate by the DRT, the DRT will send a copy of the same to the Sub Registrar concerned for enter the same into their records. so you obtain information whether the DRT sent the sale certificate to the SRO or not. If it is received by the SR, you may transfer it by sale or gift etc.


Atulit Modi (Querist)
29 July 2019

Can you tell me how to get the floor plan of my property? I just have a simple SALE CERTIFICATE issued by DRT.

1) All the buyers want to see some deed / floor plan / proper documents other than SALE CERTIFICATE. They are not satisfied by just seeing the sale certificate. How do I obtain such documents? I only have the DRT SALE certificate.

2) Is it mandatory to get the property registered in registrar office even after having DRT sale certificate?

3) How to get this property mutated at local municipality because in local municipality record still tax bill outstanding is in name of the builder company which got bankrupt and for which DRT auctioned the property against?

Above are three main doubts of mine. Please help.

kavksatyanarayana (Expert)
30 July 2019

You ask your own cousel for the purpose. He will apply for the copies. If not available in the court, you shall get the plan by a private surveyor/engineer and then apply for plan approval by the authorities concern. Registration in SRO is not necessary.

Atulit Modi (Querist)
30 July 2019

I have the floor plan made by a private engineer.

1) from where fan I get this plan approved?
2) How to get this property mutated without getting it registered?

Atulit Modi (Querist)
30 July 2019

Suggestions please!

Isaac Gabriel (Expert)
23 August 2019

You can get the entire details by applying to the Local Planning Authority or the Local body. Sale certificate is proof for ownership and valid in law.



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