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monjula sooresh (Chief Executive)     01 July 2016

Illegal posession

In 1985 as an NRI I bought 3 plots in a layout in Bangalore. The entire layout was sold almost exclusively to NRIs. All registered Sale Deeds, khata, tax paid to Rev Auth till 1991 and nonencumberance certificate till 2010 is available. I have today received a Caveat notice from a Developer saying they have built multistory res flats and they apprehend that people like me would try to stop them from selling on the strength of 'unauthorized purchases'. Please advise what reply I should make if any and what action I should take in Court.


 4 Replies

Kumar Doab (FIN)     01 July 2016

Engage ASAP a very able counsel specializing in such/property/revenue/civil matters and show all docs on record and Caveta Notice that you have recieved, and let your counsel render a considered opinion theraafter. 


The devloper would be having its own battery of lawyers.


monjula sooresh (Chief Executive)     01 July 2016

Tku for the advise. Have done so. But not convinced with his strategy so am seeking knowledge / wisdom to decide. Would be grateful for pros and cons of waiting it out or negotiating with developer or getting together with other similarly affected buyers and take joint action.

Kumar Doab (FIN)     01 July 2016

All affected parties may join hands and jointly act to defend thier interest.

Negotiations with builder on what conditions? 

Are you not legitimate owners?

Is our title defective?

Has builder purchased yor plots (from seller) after you?

Search for a very able counsel and go for second opinion and due examination of all docs on record.




Gopi Krishna   04 July 2016


My property is been sezied by non banking financial Institue  a week back against 13(2) sarfaesi after then have issued a notice in the month of March in news papers.

I have taken a loan 37.5 lakhs against my property worth of 70 lakhs.

Right before disbursal of my complete loan amount there are continously creating problems 

I am not paid my emi on time for which my account has come to NPA for the first time in last year. However I would have requested to change my EMI date to 1st of every month then did not change as I need to regularize my loan account.

I am paying my EMI on month end of every month on month and now my account is not in NPA as it over due by 2.91 

Can non banking finacial Institue can seize my property when my loan account is over due by 2.91 [ emi over dues ]+ lelgal charges + other charges

can they seize my property without Intimation after they have given a paper notice in the month of march desptie of accepting 4 emi after the notice.

Can they seize the property when no one is present at house by breaking our locks and with out any notice posted on wall by just writing with red paint mentioning this property is been seized by financial institue name and under the honble some sec name cmm court lb nagar and mentioned there contact number.

Please guide how to proceed further we want to retain the property.









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