Securitisation act 13(2) in my flat where i have no loan in

All original documents that are applicable for a primary property sale will be required for a resale transaction as well. The buyer should establish the esistence of a proper building society. The original sales deed and the Society share certificate are most important, since the transaction cannot proceed without these.The buyer should remember that in the case of a resale property, proper transfer and re-registration documentation is required. In addition, the buyer of a resale flat should ask for a clear ownership history if the residential property has changed hands before.

The local registrar will establish the authenticity of these documents. If one is buying the property via a home loan, the bank will run a routine due diligence.

Hi,

In the present scenario, you have to put-forth/record your objection via wrriten communication/letter (attaching the (xerox) supporting documents, if any) depicting your clear title on the proerty.  The same will be helpful to you whilst approaching DRT(Debt-recovry tribunal) . 

As u/s13(2) of SARFAESI ACT, 2002, the notice is served upon you for payment of dues. subsequently, during the notice u/s.13(4) for attachement & proclamation of sale, you require to file the case before DRT for stay of the notice, during the same it will act as a recording evidece for you .

i would also suggest that you should also take the letter from the society, confirming clear title/your ownership in the property mentioning no charge/lien of any banker/financial institution on the said flat.

Sujit S. Bhalekar

Regards,

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1) When you had purchased the Flat from its seller did you collect the mother deed from him in original i.e. the original deed through which he had acquired the ownership of the Flat? If not, then he might have submitted the said document with HDFC and created an equatable mortgage of the Flat. Check up what original document he has submitted with HDFC. for mortgaging the Flat.

2) You have already received the pre-possession notice u/s13(4) of SARFAESI Act, 2002 & you shall have to file an application before the Debt Recovery Tribunal u/s17 of the Act within 45 days of the said notice.

3) No civil court has any jurisdiction to hear the matter arising out of SARFAESI proceedings as per section 34 of the Act,

4) If you do not bring a stay on the above SARFAESI Proceedings of HDFC, their next course of action will be as follows

i) they will take symbolic possession on 10.12.2012 by pasting the Possession Notice on the wall of tye Flat and will prepare 'Panchnama', (alternatively they will issue & publish Possession notice after taking possession u/s14 of the Act).

ii) they will publish the said Possession notice in two News Papers within 7 days from the date of the Notice,

iii) they will aplly before the DM u/s14 of the Act for taking possession of the Flat wit Police help,

iv) they will publish Sale Notice & will sale off the Flat after taking possession of the said mortgaged Flat.

5) So, please ensure that you file an application before the DRT within 45 days of the date of the Notice you have already received & take a stay order on further proceeding before the matter is settled.

Any negligence in this regard may prove to be disastrous.

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By the by, is it H.D.F.C. Bank or H.D.F.C. Ltd.?