Arpit (NA) 11 January 2015
Hi,
I bought the property at a public auction.
Paid the money as per the laws & in time.
Sale was confirmed by the DM.
After some time the previous owner of property deposited the funds directly to Khadi Gram udyog(the mortgagee) & sold the property to a third party.Claiming their right to deposit money under sec 60 of transfer of property act.
Kindly suggest.
T. Kalaiselvan, Advocate (Advocate) 16 January 2015
What do you want to clarify?, whether you have approached the Bankers who sold the property to you under public auction?, did you ask possession after paying the full consideration amount?, take the help of a local lawyer and then proceed.
adv.raghavan (Advocate,9444674980) 18 January 2015
Your query is selective,when auction was confirmed to you, did you make borrower as a confirming party to the sale.? wa s it a court confirmed sale or bank auction, because you have mentioned DM, if court had confirmed this sale, no one can take a call without leave of court.
Arpit (NA) 19 January 2015
The auction was confirmed by the High Court.
The case is in supreme court, the previous owner of the property deposited the funds to Khadi gram udyog after our sale was confirmed by the high court.
They are challenging their right of redemption under section 60 of transfer of property act in the supreme court.
If they can deposit the money even after the sale was confirmed, then why would anyone buy a property at a public auction.
Also if someone can tell me whether a State law or Central law is followed for any particular case?
For example, Up Land Revenue Act would be followed or Transfer of Property Act for any decisions in supreme court?
Thank you all for your advise.
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