Addition of my mother name in sale certificate

Sunny Ahuja (Querist) 07 July 2021 This query is : Resolved
RESPECTED SIR / MADAM,
I have registered myself with MSTC Website for property auction after complete the process bank has prepared the sale certificate in my name only but i want to buy a property by joint name with my mother i request the bank to join my mother name but they refused and told me we cant add the name even after consent from sucessful H1 highest one bidder as Per SARFASI ACT 2002. I need your valuable advice kindly suggest as soon as possible advance thanks for your help.

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A bidder registered for a property auction and won, but the sale certificate was issued only in their name. The bank refused to add the bidder's mother's name, citing the SARFAESI Act and the fact that she wasn't a co-bidder. While the bank cannot add her name post-auction, the bidder can transfer a share to their mother later via a registered gift deed.

kavksatyanarayana (Expert) 07 July 2021
Certificates of sale executed by authorized officers of Banks under SARFAESI Act but at the time of submission of bid, you have to mention the names of the buyers.

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Dr J C Vashista (Expert) 08 July 2021
It would have been easier / better to understand the facts posted by you, if you would have framed separate sentences in simple language.
Whether your mother was co-bidder for the property ?

SHIRISH PAWAR, 7738990900 (Expert) 08 July 2021
Hello,

The name in the sale certificate will be as per submission of name at the time of auction. So the bank may reject your request to add your mother's name. Now you have the option to gift her 1/2 share in the property for which you will be liable to pay negligibe amount of stamp duty and registration charges.

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P. Venu (Expert) 08 July 2021
Admittedly, the sale process has been completed. You can make your mother a joint-holder in accordance with the provisions of the Transfer of Property Act.

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T. Kalaiselvan, Advocate (Expert) 14 July 2021
If the bank refuses to make your mother as a joint purchaser in their sale deed, you cannot force them because the application contains only your individual name, hence your mother name cannot be included in the sale certificate once the sale process is completed.
Thus as suggested you can get the a portion of the property transferred to your mother by executing a registered gift deed subsequently.

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