Property Auction sold with Encumbrances Property Auction sold with Encumbrances

3 years ago

I have purchased property in Auction from Allahabad Bank in 2019(Registered Mortgaged to Allahabad Bank in 2014) and sale Certificate was registered at sub registrar office. And in sale notice and Sale Certificate it was clearly mentioned that property is free from all Encumbrances known to Authorised Person.
But later when I went to transfer my name in society share certificate I came to know that property is mortgaged to Dena Bank.,in 2013. And I had done inquiry with sub registrar office and came to know from EC and Search Report that Property was mortgaged in 2013 to Dena Bank and same property was mortgaged to Allahabad Bank in 2014 without any NOC or Release Deed of Dena Bank with Allahabad Bank.
I asked Allahabad Bank regarding the issue but they told that we don't know anything about the same and we had given each and every document.
I went to dene bank, but they told that some fraud case is going on and FIR is filed against the Mortgagor for Fraud. And they told that they won't give any NOC for the Same.

So after that I made a Complaint in Police Station , but there The Manager and Recovery Agent of Allahabad Bank forced and guided me to do the Case in DRT so that the solution comes fast and they will help me in all possible way and pay the Lawyer fees for the issue (were not helping me before filing police case). And told me to close the police complain , so I closed the Police Complaint.

So what should I do now? Is there any remedy for clearing my property title?

Please help me

Anik

Responded 3 years ago

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A.Hi,
The auctioneers had a duty to ensure the property was free of any encumbrances before putting it up for auction. As such, serve legal notice to Allahabad Bank to clear the same. If they do not comply, file another complaint against them for fraud and recover your money by way of a civil money recovery suit.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You should not have closed the police complaint. Their eagerness to help you means they might have been trying to hide something. Serve the bank with legal notice to clear the encumbrances. File a fresh complaint of fraud against the bank if they do not comply. If you need a lawyer, our firm can assist you.
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