Registration of a property purchased through e auction under SARFAESI act. Registration of a property purchased through e auction under SARFAESI act.

9 months ago

Hi!!
I have purchased a property through e auction under SARFAESI act. At the time registration, I came to know that registration can not be done as the property had a court attachment. A third party, who lend money to the owner filed a suit against owner of the property and did not included the bank as a party. Concerned authorized officer from bank did not informed about the hurdle in registration before auction. Bank personnel saying it would take some time to register the property. Please tell me how to get the property registered?

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
A property with the order of attachment can not be a subject matter of auction. So it is the dereliction and deficiency on the part of the Bank who without verifying the status of the property tender it for auction that put the buyer in a worse state of affairs. So, in the prevailing situation, you need to file a complaint against the concerned Bank before the Dist. Consumer Commission for deficiency in service claiming refund of entire bidding money along with cos of litigation and compensation for harassment and mental agony. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

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A.Dear client,
You have to obtain a digitised "A" Khata ( Form-9 generated using the e-swathu software ) from the respective Village Panchayat.

2. To obtain "A" Khata for the sites formed, the conditions are (a) the land should have been converted and (b) the layout plan approval should be there.

3. The Department of Stamps and Registration department has made it mandatory that only "A" Khata gramatana or revenue properties should be registered.

4. After obtaining all the documents needed for registration and still the Sub Registrar's Office is denying your sale certificate registration, approach the jurisdictional District Registrar.
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