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Vikas Malhotra (Executive)     02 July 2013

Attached property. please help

Hi, I am Vikas Malhotra from Chandigarh.

Question - My father purchased a flat in chandigarh around  9 years ago, We are currently living in the same.

We purchases the property legally and it was transferred to my father's name after following proper procedure with the chandigarh housing board. Suddenly , officials from Punjab National Bank(assets recovery branch,delhi) visit our property and tell us that the previous owner had a loan pending and this property is attached and will be auctioned.. 

Since we had enquired about the property from various sources and even the Chandigarh housing board had nothing against the same, we went on with the purchase process.. If the property was attached,, the bank should have followed a procedure and marked it as " not for sale" with the chandigarh housing board..

We filed a case in DRT,delhi and it was desided in our favor. The bank was directed to get hold of the previous owner since he was the one who had not paid the loan..

We had a sigh of relief untill the bank appealed in high court.. Now the case is under hearing and the bank officials are demanding 25 lacs from us as settlement.. Why should we pay if we have purchased the property legally..??  My family is facing too much harrassment as it is the only house we live in.. We have to visit delhi frequently for hearings... Is it not negligence on part of the bank,, that they did not foloow a procedure for attachemnt...

My question is -  if the property was attached,, how come the sale of the same was poosible and how come chandigarh housing board had all the clearance.. The bank never reached any authority in chandigarh to claim its right on the property.. It is negligence on part of the bank,, then why should i suffer..??

Is there any rule which can take us out of this mess..??


 2 Replies

prakharved (Medical officer)     03 July 2013



The bank officials are just trying to harass you to get get settlment in the blunder they have made. They are trying to recover their losses through you. Do not give in to their demands.


Have you tried shifting the court procedures to chandigar as it would be convenient to you as th property is also there?



khalid masood (partner.)     06 September 2013

Mr. Vikas never ever budge to any of the banks demand as u have unassailable title. It is the lapse on the part of bank that they ought to have notified chandigar housing board as regarding the pendent. Let them go to any court and I guarantee u that they would not be able get any favourable order. Never pay any amount to the bank as a proposal for compromise when the case gets underway. It is highly unlikely they(bank ) will be able to win the case.

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