Suresh K.Khaitan
11 January 2018 at 17:08
I bought one property from NEDFI in bank auction under SARFAESI Act. SARFAESI rules mandatory provides for the issue of Sale certificate in the form prescribed at Appendix V of Security Enforcement Rules, 2002. ( AO has no authority under the rules to modify the prescribed form of sale certificate).
1. After the full payments having been made, AO has now issued one sale certificate after deleting the words "and handed over the delivery of the possession of the scheduled property" and sent the same to me per Registered post.
He has not mentioned the words " delivery of possession" in the sale certificate despite the fact that he had taken over the possession of the property by publishing a public notice in the newspapers as provided under section 13(4) of SARFAESI Act r/w rule 8.
2. He has also modified the relevant sentence in the Sale certificate as below-
"The sale of the scheduled
property was made free from all encumbrances as known to the secured creditor except as stated in the Auction Notice dated 05-09-2017
published in 'The Assam Tribune [English]' and 'Dainik Asom
[Assamese]' "
3. AO, though has signed the sale certificate, has not mentioned his name in the Sale certificate
When I pointed out these defects and requested for correction and for the issue of sale certificate in the prescribed statutory form , AO flatly refused to make any corrections in the Sale certificate.
As a matter of fact, AO had not done his homework at all and has negligently conducted the entire auction process in so far as
A. In the auction notice, he had vaguely mentioned under the caption " Details of encumbrances over the property as known to the corporation" as below-
"Occupied by 50 numbers of tenants from last 38 years."
This obviously means that the entire property is under the occupation of 50 tenants whereas the fact remains that a few tenants ( may not be 50 in number) are occupying about 50% of the property.
Moreover, tenancy is not an encumbrance. Had tenancy been an encumbrance, Non-Encumbrance certificates would have made a mention thereof.
If this be the case, none shall build a property to let out the others and thereby encumber his own property with others.
Despite this position, If at all AO (erroneously) considers tenancy as an encumbrance, he was duty-bound under SARFAESI Act/Rules to first clear the encumbrance and then to sell the property under auction that he didn't do.
B. At the time the property was mortgaged with NEDFI, part of the property mortgaged and subsequently sold in the auction by NEDFI was previously sold by the borrower prior to the date of mortgage which AO failed to ascertain.
3. There appears to be some malafide on the part of AO as he wanted to sell the property to the tenants at a throw away price which he couldn't as I offered a price of 96.25 Lac as against reserve price of 55.25 Lac ( obviously to make some wrongful gains under some understanding with the tenants by benefitting them) and that is why now he wants to issue one faulty/defective/unacceptable sale certificate to me in violation of SARFAESI Act.
Now, AO is creating all possible hurdles. He wants to keep the possession of the property sold under auction with himself/NEDFI without passing on the same to me, though I have bought the property and have paid the full consideration therefore.
My problem is that if I accept the sale certificate as it is, I will not get delivery of the possession of the property bought by me. Unless the sale of an immovable property is coupled with the delivery of possession, the sale shall not be complete and that, as per Assam Land and Revenue Regulation, my name will not be mutated/ recorded in the records of rights.
Please refer the following link on Government of Assam website in which Para 21 under Mutation of land is relevant which says that for Mutation under Assam Land and Revenue Regulations, 1886, both title and possession are mandatory.
Without possession, the land shall not be mutated in the name of the buyer -
https://landrevenue.assam.gov.in/portlet-innerpage/faqs-on-mutation-%E0%A6%A8%E0%A6%BE%E0%A6%AE%E0%A6%9C%E0%A6%BE%E0%A7%B0%E0%A7%80-for-land
One more problem is there. Sale Certificate can't be registered with the Registrar after four months from the date of issue thereof.
I am in a fix as to within the period of three months now left over, how do I get the sale certificate corrected and How do I fix the AO for his apparently malafide acts.
Shailesh Yadav
11 January 2018 at 11:18
Which documents are require to check while land purchasing ?
venkat ramana
10 January 2018 at 20:49
My grandfather has 2 son's, elder son was dead 30 years ago. After death of elder son money worth 1/3 of the ancestral property was given to his wife and minor daughter(5 yrs) and she relinquished both of their right on property to younger son which was registered in district court. Now afeter approximately 30 year's Can she file any case to get any share in property.
venkat ramana
10 January 2018 at 20:44
A man has 2 son's, elder son was dead 30 years ago. After death of elder son money worth 1/3 of the ancestral property was given to his wife and minor daughter(5 yrs) and she relinquished their right on property to other son which was registered in district court. Now afeter approximately 30 year's Can she file any case to get any share in property.
Rahul
10 January 2018 at 19:38
My father has owned a undivided property of 4Acres in the city among 4 peoples. My father was passed away on 2008, Now I have decided to divide the 4 acre property (one fourth of the share to me & my mother). For that I have filed a partition suit against my uncles (three of them) in may 2017. Also now i have filed a petition to speed the trail.
So when I can expect the verdict for the partition suit and have my share ?
Is there any way to speed up the case and make it to get the verdict as soon as possible ?
vishal agrawal
10 January 2018 at 15:49
I share my residence with a person , with whom we have various cases pending in the court.
Out of that anymosity ,or anger he looks for various ways to annoy us.
He has recently installed almost 5 cctv camera directly looking into our various areas of the house.
What can we do.
Ashish
10 January 2018 at 12:26
Hi,
My wife's grand mother (Nani)bought a house in Mumbai. As a care taker we moved in same premise as her. Nani has paid 2 years of Club House fee to builder. Since she is 80 years old and can not use Club House, we applied as dependent member to join club house. Club House denied our request stating that we stay on rent and not in the same house with dependent.
Wanted help in this regard of how can we join club house and save lakhs of Rupees we paid for 2 year.
Thanks,
Ashish
9619911713
Suja nair
09 January 2018 at 20:05
Dear all , I am a banker posted in navi Mumbai area . While doing equitable mortgage we have to visit to Thane branch as navi Mumbai is not a notified centre . However, one of our auditors pointed out that since past couple of years all the bank branches are notified centres . Is this information true and is there any document pertaining to the same . Kindly advise .
Anonymous
09 January 2018 at 18:40
Dear Sir / Madam,
Club house in our apartment is constructed above in the terrace. As per my knowledge it is usually in ground. I would need your advise if the construction is illegal. Kindly guide me through this.
Thanks
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Compensation for land acquisition
Sir, the land was alloted to me by gram panchayat and proper permission of SDO in 1991.same was dismissed by ADM in 2016 that the land was TAL.Now after perusal of documents concerned Revenue Board, has suspended the order and directed to cite the file again with the parties..Since the some part of land has come in land acquisiton for NH officialy in records but due to ADM order compensation was not given to us.now same has dismissed and my name will be updated in revenue records. I am Bhumidhar and land has been sankramaniy. what is the further process to get compensation for the land acquisition.please guide me. Thanking you sir,
Read more at: http://www.lawyersclubindia.com/forum/Compensation-for-land-acquisition-158271.asp