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Prakash Vijay (Accounts)     21 December 2018

KSFC property not handed over

Sir,
I purchased flat from Bank in 2010 under bank auction. I got Sale Certificate from Bank after property registration on payment of full payment But so far not received key.

I complained to bank higher management but got a letter from them saying that property sold I. as is where is basis.

kindly let me know how to proceed. So far I have not taken any legal advice since I am not financially strong.

thanking you


Learning

 6 Replies

Shashi Dhara   21 December 2018

U issue a legal notice to bank thru advocate .if they deny go to competent court to seek justice.
1 Like

Kumar Doab (FIN)     21 December 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Kumar Doab (FIN)     21 December 2018

What is the response to legal notice?

Is IT same as already posted by Bank to you?

Kumar Doab (FIN)     21 December 2018

You had the finances to buy the property in auction and could very well afford to obtain proper legal opinion in writing, before proceeding for such high risk investment, with allurement of discounted price.

The Bank/banker has supplied you with fitting reply after due legal opinion from IT’s legal cell.

 

 

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; DRT/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; DRT/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in DRT/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

Kumar Doab (FIN)     21 December 2018

Probbaly Bank/Lender had only symbolic possession and not the physical possession of the property and/or in simple language; key as desired by you. Hence the reply of bank/lender to you, as posted by you.

Check the advertisement by.. and IT might have advertised about Symbolic Possession/As is where is basis….and even the property belongs to Indivisual or some establishment/company…..and even if the company is under liquidation…and even if official liquidator has been appointed ..etc etc

Probbaly there is some provision to issue notice of intimation regarding deposit to sale deed with Sub-registrar, in your state.

Probbaly the bank/lender/secured Creditor registered the collateral with central registry.

Probbaly some ARC was involved.

Probbaly you did not register the sale certificate with SRO including defaulter party as consenting/confirming party.

IT is obligation of intended buyer/bidder to conduct due diligence before stepping forward.

Probbaly you have like many others not conducted due diligence.

Probably there was NO stay on sale and probably the DM had allowed the process.

Probbaly the bank has also communicated that after the sale certificate IT has NO interest in the property and nothing is left to be done by IT.

 

Your matter requires help, guidance, of a very able LOCAL counsel as suggested above.

You can try for FREE legal help/aid.

You can also try to get help and guidance from personnel retired from legal cells of banks.

LCI Experts Mr. Rajendra K Goyal, Mr. Mallipedi Jaggarao, Mr. M.V.Gupta, are from banking background and they and other experts e.g; Mr. Hemant Agarwal post on such matters and if you wish you may get in touch with them.

Kumar Doab (FIN)     21 December 2018

In the meantime you may go thru other publications also and pick up relevant points e,g;

www[dot]drtsolutions[dot]com

and citations

 

Calcutta High Court (Appellete Side)

United Bank Of India & Anr vs State Of West Bengal & Ors on 1 September, 2017

                    W.P. No. 21814 (W) of 2017

                IN THE HIGH COURT AT CALCUTTA

                  Constitutional Writ Jurisdiction

                          Appellate Side

 

Supreme Court of India

Southern Power Distribution ... vs Gopal Agarwal on 27 July, 2017

Author: L N Rao

Bench: [ Sinha]

                                                                  Non-Reportable

 

 

 

                             IN THE SUPREME COURT OF INDIA

 

                               CIVIL APPELLATE JURISDICTION

 

                                   CIVIL APPEAL No.1918 of 2016

 

Calcutta High Court (Appellete Side)

Union Of India vs S.A.F. Builders (Pvt.) Limited & ... on 12 June, 2017

                            IN THE HIGH COURT AT CALCUTTA

                                 Civil Revisional Jurisdiction

                                        Appellate Side

 

Present :

The Hon'ble Mr. Justice Ashis Kumar Chakraborty

 

                                              C.O. 1877 of 2013

 

Delhi High Court

Urmila Kumari vs Om Prakash Jangra And Ors on 20 March, 2015

Author: R. K. Gauba

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

 

                                   Reserved on: February 26, 2015

                                   Pronounced on: March 20, 2015

+                  W.P.(C) 5580/2011


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