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GOKULDAS KAMATH (EX BANKER)     24 July 2024

Sale of mortgaged property

Respected Sir,

I had mortgaged my house property to the bank in the year 2000  against husing loan. Due to financial problem I could not repay the loan in time.In 2013, bank took action under SARFAESI act, published auction notice in leading news papers and reserve price was fixed at Rs.11.00 lakhs but there was no bid hence bank had cancelled the auction process and asked me to find a purchaser  uner private treaty    provision of which is available in the SARFAESI act  but cannot transfer the property without bank's consent .Now, I have found a buyer who is willing to buy my house for Rs.15.00 lakhs and paid me an advance amount of Rs.50000 which I can pay to the bank.But I cannot register the sale deed without original title deeds which is lying with the bank.Purchaser is willing to pay the entire amount directly to the bank

What is the procedure involved in registering the sale deed 

Is it in order for bank officials to come to the Sub Registrar's office and hand over the title deeds to the buyer  on getting the payment  of entire sales proceeds which will be sufficient to clear my dues

Whether bank can register the sale deed in the name of  buyer without my presence in the Sub Registrar 's office



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     24 July 2024

The purchaser of your property is not the borrower hence the bank will not and cannot execute a sale deed in favor of the purchaser, if the entire loan amount is fully discharged then the bank will registered the redemption/discharge certificate in favor of the borrower after which the borrower can execute a registered sale deed in favor of the purchaser.


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