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Rajesh Dhoka (owner)     03 October 2010

fraud under SARAFAESI Act

I have purchased one flat from bank under SARAFAESI Act, 2002.

 

Actually i was not the bidder, the orginal bidder had given nomination letter to the bank nominating me as a transferor. So bank has issued me a Sale Certificate directly in my name, although I had not participated in the Auction proccess. And sale deed is duly stamped and registered in my favour.

 

Now society committee people are aware of all this things and they are not admiting me as a member and giving all unwanted excuse.

 

Now I am planning to apeal to sub-registrar, so my question is

1) Since I was not the bidder in the auction process, but still I am holding Sale Certificate. Will this create problem for me, if I go for apeal against Society to sub-registrar for non addmiting me a member.

 

2) Excatly what procedure the sub-registrar follows in this case against society.

Thanks every one for experts advice, in advance



Learning

 2 Replies

Isaac Gabriel (Advocate)     03 October 2010

The certificate of sale issued by the Bank is the conclusive proof for your title.The society cannot demand anything more or direct you to create anymore documents for the same.

SACHIN AGARWAL (ADVOCATE)     25 October 2010

After issuance of teh Sale Certificate, you have acquired the marketable title with transferable rights over teh concerned proeprty and the socity cannot refuse to admit you as member.


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