Upgrad LLM

flat confiscation


Help, I bought my flat in 1996. There were 3 owners before me. Three transfers. I was the 4th. Yesterday a man came from the Narcotics dept and said there was a case running on my first owner since 1990 November and the ruling has come how to confiscated the flat!! I was stunned. Never heard of this before. I had bought my flat thru HDFC loan and even their lawyer has scrutinised the documents. The flat was sold by the first owner on July 30 1990. There was some case that was filed on him on Nov 1990. Please advice what to do. Can the government forcibly take my flat?? I bought it in good faith. And society had given me NOC
 
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Lawyer

Did you obtain complete chain of title documents? If so, whom amongst them (vendors / previous owner) was allegedly involved in the case ?

How this flat is connected/concerned with accused alleged to be involved in the criminal case for narcotics confiscation ?

Incomplete facts can not lead to form proper opinion and oblige.

 
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Advocate

Ruling - from which court? Anyhow, move the High Court and obtain stay. 

 
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Retired employee.

You can not get a benefit through online guidance.  This is First Aid, whereas you require surgery immediately.  Contact local advocates and get an injunction if possible from the competent court asking Narcotics dept., not to interfere.  You have nowhere stated as to whether you have received any official notices or not? Contact some RTI activist and file application and seek entire information (entire file) related to that narcotic case.

 
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The first owner was one Mr Rai, he bought the flat in 1985 from the builder. He was supposedly involved with manufacturing narcotics. He sold the flat to someone called Bagla in July 1990 (sale deed dated 30 July 1990, share certificate transferred on Feb 1991) Rai was arrested in November 1990. Subsequently the govt passed an order to freeze all his assets. The second owner Bagla seems to have come to know of this, and had got an order from the court that since the flat was sold before Rai's arrest and before freeze order therefore this flat cannot be seized or frozen. Bagla then sold the flat to one Sandeep in 1994. I purchased the flat from Sandeep in 1996. I did not know what was the history of the flat. Broker took me to see the flat. The owner Sandeep was not living in our. Flat was empty. Owner gave me the documents. I took them to HDFC for them to scrutinise the documents as I had applied for a housing loan. HDFC took a week to check. the papers and then granted me the loan. The Society also issued me an NOC as per HDFCs requirement. I availed the loan and purchased the flat in 1996. The original chain of documents is with me now as I have finished paying back the loan to HDFC. The share certificate was on Rai's name, the society has then transferred it to Bagla in 91, then subsequently to Sandeep in 94 and transferred to me in 97, it is now in my name. All transfers were done with consent of all members at respective AGM. I have been living here peacefully paying all property taxes, maintenance etc. Society has said they have never received any communication from any govt departement regarding this flat that it was in any dispute etc. Only a few days ago a man came to the society claiming to be from the Narcotics dept appraised the building secretary about the case against Rai. The secratary told him Rai was no longer the owner. But he insisted that the flat must be siezed as per govt orders. I am really worried and very alarmed. Please advice what to do and how to respond.
 
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CEO

π™Έπš–πš–πšŽπšπš’πšŠπšπšŽπš•πš’ πšŒπš˜πš—πšœπšžπš•πš 𝚊 πš™πš›πšŠπšŒπšπš’πšœπš’πš—πš 𝚊𝚍𝚟𝚘𝚌𝚊𝚝𝚎 πš πš’πšπš‘πš˜πšžπš πš πšŠπšœπšπš’πš—πš πšŠπš—πš’ πšπš’πš–πšŽ.
 
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I am doing that. I have gone to a random lawyer that I found online. Not sure if I am being guided right or getting deeper into the water. The lawyer says I need to submit all kinds of documents etc and wants a very large fee too. He also said it might take several years to resolve. But I don't understand why. I read the act under which this comes and it clearly states if I have bought it in good faith and unknowingly of the any problem and I can prove that then I don't have to worry. I have all documents and in the 24 years that I have lived here, I have never heard of this case! No dept sent any communication to me or society.
 
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CEO

π™·πšŠπšŸπšŽ 𝚒𝚘𝚞 πš›πšŽπšŒπšŽπš’πšŸπšŽπš πšŠπš— πš˜πšπšπš’πšŒπš’πšŠπš• πš—πš˜πšπš’πšŒπšŽ 𝚘𝚏 πšŒπš˜πš—πšπš’πšœπšŒπšŠπšπš’πš˜πš—?
 
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Retired employee.

Don't worry.   Now without spending a single rupee there may be alternates from Government departments.  First, get all documents and complain to LOKPAL or Approach HC through writ.

 
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You should approach the court and file application mentioning all the facts and seek direction not to confiscate your flat. You will get the relief. Feel free to contact at sunayana122@gmail.com for further assistance.
 
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