Kantilal (not yet) 25 July 2010

Transfer of residential aparment

I have purchased a flat from bank auction in Mumbai. Bank has issued Sale Certificate to me which is now duly stamped and registered to Registrar.

The previous owner of the flat is absconder. Bank has auctioned the flat due to non re-payment of the loan.

Now society is asking the host of documents from bank relating mortgage by previous owner and bank refuses to give the same giving reason that third party documents they can not give to anybody.

The share certificates issued by the society to previous owner is also not traceable.

So what should I do to become a member of the society, as they r refusing to allowing me to become member on want of documents??

Currently I am staying the same flat.

If any one can please help me out.

Thanks in advance

Reply Follow

4 Replies

(Guest)

First you may send a legal notice to the Bank asking to deliver the Flat's original documents to you. If the bank does not yield to your request/demand, then your problem can be solved by filing a Writ Petition before the High Court and get a direction to the Bank to deliver the Flat documents to you, since you are the legal owner of the property now. You may also think of filing a Complaint under Consumer Protection Act.

1 Like

Kantilal (not yet) 25 July 2010

Thank u Mr. Rao,

I am having the original documents of previous owner, given by bank to me.