Rajesh Dhoka (owner) 03 October 2010

fraud under SARAFAESI Act

I have purchased one flat from bank under SARAFAESI Act, 2002.

Actually i was not the bidder, the orginal bidder had given nomination letter to the bank nominating me as a transferor. So bank has issued me a Sale Certificate directly in my name, although I had not participated in the Auction proccess. And sale deed is duly stamped and registered in my favour.

Now society committee people are aware of all this things and they are not admiting me as a member and giving all unwanted excuse.

Now I am planning to apeal to sub-registrar, so my question is

1) Since I was not the bidder in the auction process, but still I am holding Sale Certificate. Will this create problem for me, if I go for apeal against Society to sub-registrar for non addmiting me a member.

2) Excatly what procedure the sub-registrar follows in this case against society.

Thanks every one for experts advice, in advance

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2 Replies

M. A. Khan (advocate) 03 October 2010

Once sale certificate is registered with Joint sub registrar, than no question for society to raise objection. If you are from Mah. than file appeal u/s 23(2) of MCS Act before Asst. registrar of co operative society.

shyam pareek (advocate) 04 October 2010

u should go sub registrar office and give written complint against socity and attach sale certificate.than u can lodge complaint in police because u are a abslute owner above said property.u have registerd document.thanks