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Aniket   28 July 2017

Sarfaesi property problem

My brother bought a Flat near Dumdum Cant Kolkata 4 years ago. 

My brother Ramen bought property (flat) from Dutta.

Dutta gone to court and rgistered property in Ramen's name.

Mr Dutta got this propery from Bank auction ( SBI). Mr Dutta didn't registered his sale certificate issued to him by Bank(Sbi).

Now my brother Can't do Mutation in his name, Municipality asking sale deed registered. Mr. Dutta absconding and bank (SBI) not listening to us . What's  the best remedy for this situation? How can we solve this issue. 



Learning

 5 Replies

G.L.N. Prasad (Retired employee.)     28 July 2017

Please inform in what way the Bank is concerned with as you have purchased from individual and not direct from the Bank through Auction.\You are a stranger to  their transaction and why should they listen to you ?  What do you expect from the Bank ?

It is the duty of the Bank to register it in the name of purchaser with his expenses.

When the property is registered through intervention of court and you have a valid title deed, Corporation must register the mutation.

Mutation is not conferring of ownership.  If they reject for such mutation, they have to specifically inform the specific rule under which mutation was rejected.

First get the objections in writing from Municipality and  copy of such rule that empowers municipality to reject mutation.

Facts are not adequate to suggest further guidance.


(Guest)

No other way, except to get the sale deed registered by your brother for show ownership on that property.

P. Venu (Advocate)     28 July 2017

"Dutta gone to court and rgistered property in Ramen's name." How? Is there a decree?

 

Aniket   28 July 2017

Originally posted by : G.L.N. Prasad
Please inform in what way the Bank is concerned with as you have purchased from individual and not direct from the Bank through Auction.\You are a stranger to  their transaction and why should they listen to you ?  What do you expect from the Bank ?

It is the duty of the Bank to register it in the name of purchaser with his expenses.

When the property is registered through intervention of court and you have a valid title deed, Corporation must register the mutation.

Mutation is not conferring of ownership.  If they reject for such mutation, they have to specifically inform the specific rule under which mutation was rejected.

First get the objections in writing from Municipality and  copy of such rule that empowers municipality to reject mutation.

Facts are not adequate to suggest further guidance.

Thanks for your kind reply. We can't force Bank I understand and Bank only talk to the party sold the same property. We meet concerned officer in Municipality  but they refuse to do mutation in my brother's name and asking  registered deed between Bank to Mr Duta. They refused to give any written document , why can't Municipality do Mutation.  Now what to do? We are helpless.

Aniket   28 July 2017

Originally posted by : P. Venu
"Dutta gone to court and rgistered property in Ramen's name." How? Is there a decree?

 

Nothing, I guess he has  played game to  avoid registration fees which should have to be paid by him  during the time of registration of  Sale certificate given by bank.


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