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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5 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 03 October 2010

All SURFAESI act sufferes please read this carefully. This is now Universal problem that buyers either do not get marketable title or do not get possession. So prevail on the lender to desist from auction at the same time issue notice to all the bidders.

Rajesh Dhoka (owner) 03 October 2010

yr answer does not seem to be clear, sir

ajay (SELF) 03 April 2011

sir

As far as the your title is concern the law provide you the clear and marketable title over the property.

as far as the matter of society either you may file matter before the concern the registrar of society or file civil suit against the society for your rights.

you need not worry about your title if the same get registered by you in your favour.

RAJU O.F., (Advocate) 03 April 2011

If the original bidder did not remit the bid amount in full, according to Rules, the bank had to cancel the sale and to conduct the auction afresh, forfeiting the 25% amount remitted by the bidder, on the date of the auction. If he did not even failed to remit 25% of the bid amount on the date of auction, the bank had to conduct re-auction immediately the same day. Here it is noted that the bidder, in connivance with the bank officials, sold the property to another person, in violation of the provisions of the Security Interest Enforcement Rules.

Vinesh K Chhaya (ADVOCATE) 12 June 2011

I THINK YOUR PROBLEM IS A FLAT OWNER'S ASSOCIATION DOES NOT ALLOW YOU TO BE A MEMBER OF ASSOCIATION. IF YOU HAVE HAVE COLLECTED COMPLETE TITLE FROM THE BANK WITH REGISTERED SALE DEED ON YOUR NAME THEN THE OWNER'S ASSOCIATION WILL NOT HAVE ANY RIGHT TO PREVENT YOU TO BE A MEMBER OF THE ASSOCIATION