Bank is not giving the Physical possession.
3 years ago
I purchased a house property through E-Auction on 14.12.2017 for Rs. 59.75 lakhs. Bank took the physical on 01.03.2019 the house was sealed by the bank. within 4 days the previous owner occupied the house by illegal trespass. Bank did not take any action against the trespassers. I have sent a legal notice on 14.09.20.The branch in its reply through their legal notice dated 21.09.2019 informed me stating that karuppana raja and his wife break open the house which was already sealed by the branch. I went to the branch on 01.10.2019 the Chief Manager told me that they have lodged a complaint to the police station and showed me a CSR copy issued by the police in which it was stated that the house has been illegally occupied by some unidentified anti-social elements. But in the reply notice sent by the bank to my legal notice, the bank had stated that the house was illegally squatted by karuppana raja and his I understand that FIR was not filed against the illegal occupants so far. The bank not even whispered the name of the accused in the complaint. By my own sources I came to know that there is a strong collision between bank manager and karuppana raja. Bank is not ready to give my money Rs. 59.75 lakhs. Bank is ready to register the sales certificate in favour of me and bank is not willing to handover the possession.
1. Can i accept to register of the sale certificate before handing over by the bank?
2. Can I have any recourse to get the possession of the house after registration?
3. If the bank failed to hand over the possession after registration of sale deed, can I sue against the bank in CJM? (OR)
4. Can i sue against the previous owner of the house in CJM to retrieve the house?
5. Any other possible legal remedies available to get rid of this situation?
Please advise.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
After the property is registered in your name, file a complaint in the police regarding the illegal trespass. If no avail is provided by the police you can file a case against the bank and trespassers in the court.
After the property is registered in your name, file a complaint in the police regarding the illegal trespass. If no avail is provided by the police you can file a case against the bank and trespassers in the court.