Popye (Officer) 09 October 2013

Drt / sarfesi - property purchase from ubi under contention

Dear All

I have purchased a property from UBI under the SARFESI Act and paid in full and final an amount of approximately Rs 15 laks in 2011 and UBI has issued a Sale Certificate in my favour.

I have moved into the property and am residing there, since 2011.

In Sept 2013 I was visited by a team of Bankers, DER Agents of SBI, who slapped a "symbolic" posession notice on my property which said that this property was mortgaged to them and is under DRT/SARFESI and I will need to vacate the property.

After running from pillar to post for the past 30 days, what I have gained is that, there has been a fraud either at SBI or at UBI by the borrowers as the same property has been mortgaged at both the places.

However SBI is now in the process of initiating Physical Posession, with the DM/DRT orders (as per process).

What should I do?

As per lawyers here, I will not be able to get a stay order from the DRT (as per experience of the lawyer)?

I have lost sleep as you would understand for a lower middle class family, this is practically a life-time savings.

Thanks a ton in advance for your assistance and guidance.

God Bless.

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6 Replies

Kolla Gangadhar (Practicing Advocate since 1986) 09 October 2013

You purchased property from UBI under auction sale got certificate, SARFESI Act, 2002. You do not go to DRT let the SBI intiate possession order in that you file counter stating true facts and you write to SBI you purchased property from UBI , send copy of sale certificate. DRT you have to pay Rs.20,000/- court fee if your O.A. is dismissed you will be at loss. You file criminal case against UBI, SBI, under sections of I.P.C. immediately if police does not register F.I.R. you file Private criminal complaint under Section 200 Cr.P.C. and in that you seek not to dispossess you. You have one more forum that is High Court you file Writ Petition in that you add UBI, SBI, Person wlho mortgaged property as parties seek not to dispossess till disposal of W.P. contact: 9290673693 , Email: kgangadharadvocate@gmail.com

Popye (Officer) 09 October 2013

Dear Mr Gangadhar,

I thank you for the feedback.

Much appreciated.

Warm regards

Rohit

T. Kalaiselvan, Advocate (Advocate) 09 October 2013

Adv Gangadhar rightly suggested you with some valuable tips. Civil courts cannot interfere with DRT matter; you may have to get relief only through Writ petition filed in High court.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 13 October 2013

Dear Querist

For best advise you should contact a lawyer personally with all the documents

(Guest)

Whether original title deeds are handed over to you? If yes, then as per my understanding the of the law, it is for the subsequent bank to prove its claim in accordance with law. If you do not have the original title deeds, why? Whether the terms and conditions of sale was read and understood properly. Normally, the court auctions are on "as is where and whatever basis".

Let your lawyer also consider the provisions of Section 79 of the Transfer of Property Act.

There are various angles to be examined, not just one. Do it carefully.

RAJU O.F., (Advocate) 26 October 2013

Immediately prefer an Appeal under Section 17 of SARFAESI Act, before jurisdiction DRT (considering the situation of property) within 45 days from date of Possession Notice. Since you are not a borrower, you need not pay much court fee.Engage an expert lawyer conversant with provisions of DRT and SARFAESI Acts and convince the Judge to immediately grant stay order all further proceedings.