Sarfesi symbolic possession

Amit (Querist) 04 May 2022 This query is : Resolved
What is the procedure to take possession of a property if it has been bought in auction with Symbolic possession ?

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When purchasing a property at auction with symbolic possession, the mortgagee bank is responsible for facilitating your actual physical possession. This typically involves paying the full sale consideration and obtaining a registered sale certificate from the Sub-Registrar's Office (SRO). Once you have the registered sale certificate, you are the legal title holder. If the previous owner or tenant remains in possession, their occupancy is now considered illegal. You can involve the police to remove them, as the civil dispute has been settled by the court's order and sale certificate.

Dr J C Vashista (Expert) 05 May 2022
The mortgagee bank shall provide you physical (why symbolic ? ) possession of the property purchased in auction.

Advocate Bhartesh goyal (Expert) 05 May 2022
Get the actual possession of property from mortgagee bank by paying full sale consideration and get registered sale certificate in SRO.

kavksatyanarayana (Expert) 05 May 2022
If you have paid the auction price without pending any, you can get possession of the property. The bank auction officer will execute the sale in your favour and the stamp duty and registration charges shall be paid by you at the time of registration. If bank authorities issue a sale certificate, then a copy of the same shall be sent to the SRO concerned for indexing purposes.

Amit (Querist) 06 May 2022
The bank has sold the property in symbolic possession.

Sale certificate registered.

Now how do I vacate the previous owner or Tennant who is in possession?

K Rajasekharan (Expert) 06 May 2022
The court by its order and consequent sale certificate declared that you are the title holder and hence to be the possessor of the property in question. The present occupant has no legal right in the property as per the court order.

So that is an illegal possession which can be removed with the help of the police, as the civil dispute is over. There is no need to approach a court by you. If he is aggrieved, he can do so, if thinks that he has some legal right or the order is not proper. Then you need to appear before the court.

The police can take action since his act of residing there as of now against your will is a criminal offence in which police can act upon without the involvement of a civil court.

KISHAN DUTT KALASKAR (Expert) 14 May 2022
Dear Sir,
If you have paid full consideration amount then you are entitled for physical possession of property and not symbolic possession.

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