Auction Purchaser rights(As per SARFAESI) in case of defected title
3 years ago
SARFAESI Auction purchaser Rights?
Sir,
I have purchased a plot from SBI through SARFESI Auction and same was registered in local Sub registrar office by authorised officer in march month of 2018.
In the month of march 2020,The State government has taken possesion of the plot by saying it is Government land and resumption order issued in 2006. Tahasildar also pointed that survey number s juggling is done to register government land.
when i approached the bank they are simply telling the auction is conducted"As it is & Where it is" and recourse basis so we dont have the resposibulities
In the sale certificate registered at SRO ,the Authorised officer clearly mentioned "it is not a Government Land/Wakq Land"
Please .guide me,what is the rights of the E-Auction purchaser. Can i file a WP.
please mention any similar case judgements.
Needs to verify the documents. You have approach the High Court and array all the concerned as parties then it can use its constitutional discretionary powers and give relief to you at a shot.
Please give me Rank 5 if you feel my answer helped you.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A decision should take into consideration on relief, accordingly, you should take it forward.
1. WP is preferable if you are challenging the govt. order but success depends on the merit of the writ.
2. However, to recover the sale amount, you may take action under criminal law:-
a. for breach of trust and cheating
b. parallelly you may file a recovery suits
This is bad in law and complete misleading. This was the duty of the bank to do necessary due diligence before going for auctions.
However, you should decide that you want to get the flat and claim the amount from bank.
You can definitely call upon the government record vide WP, but the court may not decide about the refund of the amount by bank.
Suneel Moudgil
Responded 3 years ago
2. the remedy lies with the concerned High Court
Sbi account put on stop by cyber security
My bank account got freezed
Bank loan harassment
Online Gaming -Can I be sent to Jail
Online Gaming- Debit freeze
