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Sathya   17 December 2017

Challenge sale certificate issued by bank

I had went in to a registered sale agreement with the owner of a property 2 years ago. For one reason or the other the registration could not be completed. Now I have come to know that  lender bank has taken physical possesstion and sold in e Auction and sale certificate is also issued. can I challnge the sale with the bank or the the Person who has purchased since I have registered agreement  2 years back .My name is appearing in EC to support my claim and i have registered sale agreement. Can any body help with the reply immediately

 

 



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 7 Replies

Bhaskar M   17 December 2017

suit for specific performance is the relief here, further, you may file a recovery suit against the seller.

but for both you need to deposit some percent of the market value of that property...
prior to these all, consult a counsel and send legal notice addressing both of them...

Sathya   17 December 2017

I am ready to pay the bank what the Auction bidder has paid. Can I get the property ?

Sathya   17 December 2017

I am ready to pay the bank what the Auction bidder has paid. Can I get the property ?

Kumar Doab (FIN)     17 December 2017

'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 before signing or making payment.

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

 

Kumar Doab (FIN)     17 December 2017

Had you obtained proper legal opinion, you would have come to know of the mortgage.

Was a bank a party to the said registered sale agreement?

Did the seller confide to you that plot is mortgaged with bank?

While you can agitate you may keep in mind that Bank is secured lender and you are late.

You can get the property if the sale deed is cancelled by court.

Siddharth Srivastava (Advocate)     17 December 2017

It seems that the property was already mortgaged to bank and the same property was sold to you by way of agreement which was registered. Though you can file objection to the sale made by bank in DRT but chance of success is dim.

Krishna   17 December 2017

Bank has 1st right on the property. Even people has given loan and property was mortgaged by registering before the bank loan.. Court may ask what are you doing for last 2 years without registering the property and when bank was a party for the property. you should have settled the property by paying dues to bank and remaining amount to seller and registering in your name.If everybody does agreement and blocks e auctions, NPAs will pile up. Very DIM chances.If you have given any advance to seller recover that money. Seller cheated you if you really ignorant of morgage and e auction.


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