Writ Petition


 

Dear Experts,

Here is the modified query of mine.

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I have purchased one flat in mumbai in the auction conducted by the bank under SARAFAESI Act 2002.

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Sale certificate issued by the bank to me which is now duly registered and paid stamp duty.

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The original agreement of the previous owner (defaulter to the bank) is given to me by the bank.

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The share certificate issued by the Society to the previous owner is not traceable, as the previous owner is absconder. (Bank is no having the share certificate with it as the owner had taken the loan before the soceity was formed)

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Now the society is asking for the following document from the bank:

1) Loan allotment letter from the bank to previous owner

2) Mortgage deed between bank and previous owner

3) Notices from bank to previous owner for non payment of loan installments

4) FIR copy of whereabout of the previous owner.

5) Court oder giving auction permission to the bank for the said flat

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but the bank has refused to give anything saying it is the third party documents, they can not give to me.

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Now society is refusing to give me membership for non-providing of the above mentioned documents.

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My query is:

1) Is society is having the right to ask all the the documents while I am having Sale Certificate under SARAFAESI Act, 2002?

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2) Is there any provision under CHS Act, where society can issue me a fresh share certificate, cancelling the previous share certificates issued to the absconder owner? As they are saying they need to have share certificate issued to absconder owner

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3) Society is asking indemnity bond from me, I am ready to give them. But is it correct to ask for it?

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Kindly help me, I am being harassed like anything.

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Thank you all in advance for your kind help

 
Reply   
 

Can I file writ petition against Bank for not giving me a title clear property in the above matter ??

Or else what kind of legal action can i take against Bank in this regard for not giving me a title clear property??

 
Reply   
 


Advocate

The issue of sale certificate by the bank itself is proof for the ownership over the property. You have also registered the same and so, nobody can question your title over the property. If the society is for rendering services alone to the residents, they are at liberty to admit you as amember on the basis of the registered sale deed.


Total likes : 1 times

 
Reply   
 

Yes in any case it appears to be the case of high handedness of the society for which you could file complaint to the Registrar of the Society.

 
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