Purchase by Auction
Tushar Thakar
(Querist) 19 April 2016
This query is : Resolved
I have purchased a flat in Auction. I have paid Full Amount and received highest Bidder Certificate, Sale Certificate and Possession Letter from Bank.
The flat was on the name of Defaulter and his mother (Joint Owners). Now the elder brother of Defaulter claims that he has filed a suit against his brother to get his share in the said flat. This suit is at the stage of Application and has not even been listed on the board of Mumbai High Court. There is no Order of any court with the defaulter's brother or Society which prevents possession of the flat.
Society doesn't allow me to take possession of the said flat, giving me the reason that the Defaulter had given them a letter stating that the flat is under the dispute of both brothers in high court. I have read it properly. Applicant is Elder brother and Respondent is Defaulter. Applicant claims that his younger brother and his mother who were the joint owners of the flat had taken loan and defaulted. So he wants his share of property.
My questions are.
1) Can Society prevent me from entering in that flat?
2) What is the legal form of taking such possession? How can I get possession?
3) How can I get out of this problem?
kavksatyanarayana
(Expert) 19 April 2016
Show the copy of certificate issued by the court (recovery Tribunal)or bank. as per query his brother has no right over the property.
Rajendra K Goyal
(Expert) 20 April 2016
The society should not intervene, if society does not agree, discuss with local lawyer and file case for permanent and interim possession.
Tushar Thakar
(Querist) 23 April 2016
Got the possession peacefully. I also took a letter from society stating they won't intervene for possession and bank had the possession as per their records which is handed over to me later with all relevant documentation.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 23 April 2016
In auction value of premises exceeds value n interest repayment has to to be paid back to original owner. Pl note n deal with caution
Tushar Thakar
(Querist) 25 April 2016
@ Adv. Jeevan. Patil.
Sir I have dealt with an Asset Reconstruction Company which acts as a Trust and they clear all the dues to Original lender bank/s and owner/s. Other than which all the dues related to society and registrations charges are to be beared by purchaser "as is where is basis" (Sarfaesi Act).
But as per your advice I will see yo it that accounts of original Borrower and lender are setteled by the Trustee.
Tushar Thakar
(Querist) 27 June 2016
Respected Experts,
I have purchased a flat in e-auction from a bank. I have got my Sale Certificate and possession letter registered.
There is dispute between defaulter of that flat and his brother in High court.
Court receiver has symbolic possession. I have physical possession given by bank.
Summons Chamber has been submitted by the bank (intervener).Bank has submitted that flat is already sold to me and requested the court to repeal court receiver. I have no idea when this dispute will be solved in high court.
I asked society to allow provide me documents for registration and society refused the same on the grounds of high court receiver. i did it on my own from getting documents from other source.
Now i want to do internal repairing, since water tap and doors of storage were removed by bank when sealed. Society is not allowing me to do internal repairs.
My Question is:
1) Can i do Repairs by going against society?
Also i need experts help and guidance for anything that is relevant to me related to this matter, since society is not at all co-operating from the beginning.
Guest
(Expert) 27 June 2016
Frankly speaking you have no entity for the society, as member or owner, as per their record. They can't defy orders of the Court Receiver. So, unless you are shown as the member/owner for the flat in the record of the society, or produce order of the court/ ROC, legally you can't make any change in the property. However, if the society allows you informally you may feel lucky.
SUPER SPECIALTY SERVICES FOUNDATION (INDIA)
Tushar Thakar
(Querist) 28 June 2016
Thank you for your guidance P. Shree. Dhingra sir.
Guest
(Expert) 28 June 2016
You are welcome, Tushar.
