(Querist) 22 April 2008
This query is : Resolved
Sir , Iam a sucessfull bidder in a bank Auction conducted under SRFAESI Act and the sale Deed was Registered in my favour by the Bankers.When I approched the present teneant and showed the Sale Dead and reqested him to vacate place.He tells me that he has taken this house on lease for a sum of Rs 3 lakhs( which is not a registerd one).and if the original owner or myself has to give that money to vacate place.The point is that defaulter-tenants original owner has purchsed this property from this peresent tenant through Bank Loan and with in a Fortnight He and Seller that is the present tenant has entered this Lease agreement.No compraomise is reached even befor the local Ealders .Now I have approched the Bankers and requested them to help me out and restore my house. I have also gave them my undertaking to bear the legal expencess in this matter.I took part in this Auction thinking that it is a deemed Govt sale and now I feel I am doomed all my lifetime savings in this venture. I want to be kindly advised how much time it will take to take possession of the house and at what cost. Thank you.
(Expert) 26 April 2008
well friend u need not be affraid.....ur right in the property will not be disturbed. Need not to pay to the tenant any amount. If he is not vacating the premises then the simple way is if no legal proceedings are pending against u from his side throw him away.....its a best and quick remedy. Since the lease deed is not registered it will not be a valid document. If need be to file a civil suit then file a suit for possession making bank also a party to it.....but litigation is tiring process
(Querist) 01 May 2008
Thank you very much.`Through him away' that is the problem.How to do it.I am unable to think any other way for peaicefull settlement.Pl note that I am a retired govt servant and I have invested all my retirement benefits in to this venture for the only reason that the property price was with in my budget limit.I still need to know how much time it will take for the bank to proceed in this case and handover the possession of property to me and at what cast.I have filled the request letter to the bankers on27/02/2008 and the bankers are doing their bit for me.Thank you once again.