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bharat babu (NA)     10 March 2020

Document request for bank auction sale property

Dear All,

Recently I have purchased one auction sale of a Bank seized Land with building at Rourkela and is under Orissa Housing Board. I have deposited full bid amount on second week of September and soon after bank has given us the physical possession of the house. So far we have received below listed documents from the Bank, Finalization of the auction process and deposit of Balance bid amount.

  1. Sale certificate and possession of landed property
  2. Sale certificate
  3. Original sale dead
  4. Also, we have finished our lease dead.

We have requested below listed documents, but Bank has refused to give any of the listed documents. Only they have handed over one document (i.e. Original sale dead). Their refusal case is as below,

  1. Original housing related documents: They don’t have anything such documents in their hand
  2. Documents related to the Loan – Between main property owner and the Bank : As these are loan related documents, so they cannot give these documents to us.
  3. Additional documents: They don’t have any such documents in their hand

 

Please suggest whether really, I need all these documents or not as house owner. Should I proceed to court and file a case for these documents?

 

  1. Original housing related documents:

 

  1. Extracts - Khata certificate or extract of the property.
  2. Copy of Building Plan - A copy of the building plan approved by the statutory body to establish that the construction of the property is legal and is done according to set rules and regulations.
  3. No-Objection Certificates (NOC) - Need to check the numbers of NOC required for OSHB and to keep for our personal record.
  4. Allotment Letter to the first owner (In original) - Allotment letter issued to the first owner by the OSHB, stating the descripttion of the property and details of the amount paid by the buyer.
  5. Sale Agreement between first owner and the OSHB (In original) - This document lists includes all kind of information about the property ― the terms and conditions, the possession date, the payment plan, the specifications, the details about the common areas and facilities, etc.
  6. Possession Letter (Issued to the first owner by OSHB) – In original
  7. Encumbrance Certificate - An encumbrance certificate is required to prove that the property does not have any pending legal dues or mortgages. In India, a Form 15 is issued if a property has any encumbrance registered; otherwise, a Form 16 will be given to the owner, stating there are no encumbrances.
  8. Completion Certificate - This document / paper establishes the fact that the building is constructed according to an approved plan.
  9. Occupancy Certificate - An occupancy certificate is issued by the OSHB to establish the building is finally ready to be occupied and the construction has been done according to a sanctioned plan.
  10. Documents related to the electric connection & water connection to the house - We request for the Payment Receipts from the seller.
  11.  Documents related to the Property Tax or holding for the house. We request for the receipts paid by the previous occupier/owner.

 

  1. Documents related to the Loan – Between main property owner and the Bank
  1. Mortgage Deads
  2. Lease Dead
  3. Certificate of Encumbrance of Property (prior to taking loan from the Bank)
  4. Power of attorney prior to take loan from the Bank (if any)
  5. Valuation certificate prior to take loan from the Bank (if any)
  6. Legal opinion of the property prior to take loan from the Bank (if any)
  7. Copy of Notice and documents related to the Demand Notice for loan settlement, before sale and for auction sale.

 

  1. Additional documents
  1. Copy of No-objection certificate (NOC) requested by the Bank from OSHB prior to awarding loan
  2. Copy of No-objection certificate (NOC) requested by the Bank from OSHB for this auction sale
  3. Copy of a recovery certificate from Debt Recovery Tribunal (DRT) prior to the Auction sale
  4. For our case the main owner was not the confirming party to the property transaction or any other documentation. Basis that we request to the bank for an indemnity certificate for any future claims from the owner.  

 



 



Learning

 1 Replies

S.K. Verma (NIL)     17 March 2020

All documents which are in the hands of the need to be handed over to you. Once you have a property without any encumbrance its papers must also be yours. one of my friends had to pay Rs. 2.o lakhs when he resold such a property. The bank told him that the papers might have been collected earlier. Staff changes you can't do anything.

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