Auction sale

Querist : Anonymous (Querist) 17 February 2011 This query is : Resolved
I have purchased a property from Auction sale from DRT .Now I came to know that the same property is attched in another suit in civil Court by another person in money suit and he is having second charge over the property. What can I do now? Whether the second claimer can made any claim over property ? Thank You.

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Ramakrishna Ponnekanti (Expert) 17 February 2011
firstly there is no warranty of title in a court sale. sold on as is where is basis.Second charge will prevail if prio to attachment by drt, subject to bank claim as against third party claims. but mere attachment will not confer any rights till decreed and brought to sale. at that stage u can attack on ground of collusion and fraud on court. success will depend upon proofs u submit.

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