Flat Purchased thru Auction from a Financial Institution
Anantha
(Querist) 10 May 2011
This query is : Resolved
Dear Sir,
Recently one of my relatives have purchased a flat in Chennai thru a action from a Nationalised Bank. The sales certificate got registered duly paying the stampduty. Now we came to know that the key is not available with the bank and the bank manager is telling to collect the key from the house owner after mutual acceptance with them.( that means to settle any amount with the original house owner as they would have incurred any loss due to some reasons ). Also now the Bank Manger is telling that the action by the bank to sell the property thru action is been challenged by the owner in the court and been suitably replied by the Bank's advocate. Kindly let me know the way out.
Advocate. Arunagiri
(Expert) 10 May 2011
It is the duty of the bank to give you the vacant possession and keys.
If there is still case is pending on that property, you have to wait for the disposal.
M/s. Y-not legal services
(Expert) 10 May 2011
You need not to meet the house owner.. The banker have to hand over the possesson to successful auction bidder. Its duty to the bank. Just you sent a legal notice to the bank.. If there is no possible solution mean just file a consumer complaint.. Please don't give any trouble to the house owner. In your issue no disputes between you and the house owner
Guest
(Expert) 11 May 2011
Handing over of the vacant possession is the liability of the bank, which has entered in to the sale deed. You need not contact the house owner. Just serve a registered notice through some local lawyer to the Bank Manager as well as the authorised signatory who has signed the sale deed to hand over the keys of the house and also to pay you the interest on the total amount of the house till the date of hand over of the keys of the house.
RAJU O.F.,
(Expert) 11 May 2011
Presume that the sale of house property was through SARFAESI Act. The bank had to hand over physical possession to you while issue of Sale Certificate to you. Now you may send a Registered Notice +AD to bank, requesting to hand over keys within a specified period, failing which, you state that the locks would be broke open in the presence of independent witnesses, and the cost of the fresh locks (and carpentry, if required,) have to be borne by the bank. Also confirm that there is no Order from DRT/DRAT restraining you from entering and using the said house.
malipeddi jaggarao
(Expert) 12 May 2011
Why the purchaser should take risk of breaking the locks? Once sale certificate is signed by the authorised signatory as per SARFAESI Act, it is the duty of the person who signed such certificate to hand over the possession to the purchaser. Please follow the advice of Mr.Dhingra and claim damages from the bank.
