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Venu (S/W)     10 August 2014

Property question

Firstly i would like to thank all the lawyers for helping. Thank you Sir.
 
Question: 
1. My father bought a plot 3 years back from cooperate bank in an auction? As the owner could not pay the loan amount for 6 lak to the cooperate bank, the bank auction the plot which my father got via biding . Owner was not happy with the bid and the bank (lawyer), so bank lawyer and owner asked my dad if they can match the current market price. Market rate at that time was 11 laks so my father agreed on that and paid the amount. Deal was closed and plot was registration  on my father name.
 
later with in month, father got a notice from the owner first wife son, say they also had the share on that plot. After my father approached the the bank and taking to lawyer, bank lawyer said not to worry and leave the matter. As notice has come to my father, my father approach another lawyer and filed the case. My father health got bad so he could not go to lawyers office.  When my father started call the lawyer, they say case is in hearing. They said not to worry and they will call him if there is any update. Its almost 3 years. 
 
# This case should be taken by Bank not by my father? Is that correct? As notice has come to my father, they should take full responsibility to resolved this issue with out my father getting involved.
 
Please suggest. 
 
 
2. It about D-patta land. We bought  agriculture land a years back. 5 acres. Out of which 2 acres is D patta land. Previous owner had registered D patta land on his name with passbook. During time we bought, registration officer did not all it as its was written d-patta. So we had taken sign from owner to lease for 99 years.
 
Would like your suggestion on this as i am not sure if we did right or wrong. I contacted lawyer who suggested to get it leased and later work on the passbook. 


Learning

 5 Replies

Ambika Prasad Mishra (Lawyer)     10 August 2014

Mr Vinu,

Since your father is claiming to be the owner of the property, your father must fight out the case.  Regarding the liability of the bank or for that matter the liability of the earlier owner, under law they are liable to make good the damages your father suffers, if the title to the property turn out to be defective. Again that is again a matter of another cumbersome litigation to recover compensation from them. So you must leave no stone unturned to protect your stake in the property in the present court case.

puneet (Analyst)     10 August 2014

Can Janak puri New Delhi Sub regsitrar reject the registry documents after they have clicked photos and given receipt?

I bought a property in T block  Uttam Nagar, New Delhi. The property papers say T block but now I find that the address is actually New T Block. The 1st Party said it's T block not New T Block. New T Block Uttam Nagar is an unauthorized colony locked under MCD.

We had an appointment with sub registrar on wednesday. The registrar also pointed out the same T block and New T block question. The 1st party said it's T block. The registrar accepted and said they would check. He asked us to get phtotos clicked. I also got a receipt to collect registry this monday.Now, I find that address is New T block on electricity bill and Stamp Papers have yet not been locked. I don't know what to do? Have I been cheated? What action can I take? What is the way to get papers in order? Please help. It was my life saving. 

 

Thanks

Puneet

9911197554

Venu (S/W)     12 August 2014

Puneet ji, please create new post so that, lawyer can suggest and help you.

 

Thank you Ambika ji.

1#  This means my father has strong case and he do not need to get worry on case#1 status.  He should continue working with court and wait for his hearing and the lawyer.

Any other input please let me know.

 

2# any advice on D patta or assigement land

Ambika Prasad Mishra (Lawyer)     15 August 2014

Mr Venu

I am not aware of the detailed facts of the case, so I cant comment on the merit of  your father's case. What I was stressing was that you should fight out the case.

KC AGGARWAL   26 April 2016

Mr Vinu, 

Buying a property from bank in bidding is no gurantee of good title. Rule 6 of Second Scedule to Income Tax Act clearly says that the buyer shall get only the defaulter's title and not the full title. Then as regards bank's liability it has to be seen whether in Sale Proclamation, the objections filed by other co-shareres were mentioned. If not, the fault lies with both the bank and the Recovery Officer who are obliged to disclose full facts under Rule 53(d) of the above said rules. If there were no objections on record before it was auctioned, you may get the benefit of being a bonafide purchaser for due consideration without notice. 


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