SARFAESI - SRO wants legal opinion from GP Revenue to register our property.
Chain of events:
1. Bank advertises Property (is in Hyderabad) for auction. No court stay for the auction or on property.
2. We bought the property on Bank auction and paid the money in full with TDS.
3. Went to SRO for registration. We pay full stamp duty and other dues. He says owner didn't do mutation. Go do it. We went and got the mutation done (paid the previous owners mutation amount.)
4. Again came to SRO for registration, and he says Sessions court put a stay order on the property (My uncle thinks defaulter has maliciously put a case using X to create trouble, as this case was filed after we met the SRO as in Point no.3 above). The defaulter owes some money to X and hence X has obtained a stay order. And hence SRO cannot register as it will be contempt of court.
5. Back and fourth, Bank legal adviser submitted an explanation to SRO to why Sessions court does not have a say on bank auctioned properties (SARFAESI act)
6. SRO wants legal opinion from GP Revenue to register the property. It has been two weeks since bank submitted the explanation.
We don't know how long it is going to take now.
Please guide:-
1. I feel that the SRO is well aware and feigning ignorance about SARFAESI Act. But he says it will be contempt of court if he registers the property on my name.
2. Do you want me to escalate the matter to District Registrar(Is it easy to meet the District Registrar)?
3. or Do you want me to escalate the matter to Collector(Is it easy to meet collector)?
Friends, as you are aware, going to courts and cases and stuff will take quite some time. So don't want to go down that path unless necessary.
Please somebody guide what to do.
PS: Some of my problem is similar to https://www.lawyersclubindia.com/forum/registry-of-property-purchased-via-private-treaty-sarfaesi-217260.asp
