Sarfaesi -property possession

Amit (Querist) 21 February 2016 This query is : Resolved
I have purchased a property from a bank in a public auction. The property was in physical possession of the bank. The same was handed over to me.

Now i have come to know that the symbolic possession was not taken by the bank as he flat was locked. Thus no ad was published for symbolic possession.The bank then approached the DM and got order to take physical possession.

I have been told that symbolic possession id not compulsory.

Please advice with any law or ruling. Is the Title clear?

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rajeev sharma (Expert) 21 February 2016
You have been rightly advised. Just check whether notice of possession was published by bank when it took physical possession of the property.

Rajendra K Goyal (Expert) 21 February 2016
Are you facing any problem or counter claim in this regard has been raised against your possession?

Adv. Yogen Kakade (Expert) 22 February 2016
The facts doesn't guarantee that the title is clear.. need more facts to be posted with details or consult a local lawyer.

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