Possession notice

This query is : Resolved 

Querist : Anonymous (Querist)
20 July 2019

Need your Valuable guidance..

I bought a flat in year 2015, everything was running normal . i got every document like society NOC, share certifcate , My flat Previous owner has taken these flat from Auction (Canara bank ) so we were thinking that everything in case of document was ok .

today we received a notice from From Mandal adhikari thakurli stating court has given decision in favour of x person and you need to leave the flat by 2 august 2019.

We did some research and found that the Builder has sold flat to two person in 2006 and our chain of documents is with second owner.

now i m in a dilemma that how can bank auction it and now i have loan on my head of 26 lacs . how can i repay the amount when the property will not be in my custody .

Dr J C Vashista (Expert)
21 July 2019

It would be advisable to contact, consult and engage another local prudent lawyer with relevant records for proper appreciation of facts/documents, guidance and proceeding.
However, if you are located in Delhi/NCR and feel so, may contact me (on appointment) at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # + 91 98911 52939 email: majjagdish@yahoo.com

SHIRISH PAWAR, 7738990900 (Expert)
21 July 2019

You have to approach court for protecting you possession. File injunction for not to disturb possession and civil suit stating other relief in civil court.

P. Venu (Expert)
21 July 2019

Yes, you may approach the Court and get the injunction. Being an innocent third party, you are entitled to protect your interest. It could be that the Mandal Adhikar has no authority or jurisdiction to order the eviction.

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