House is not mortgaged but the site is mortgaged
Ashok karumanchi
(Querist) 15 September 2015
This query is : Resolved
A have purchased 83.4 cents property in 1962
In road extension during 90's she remained with 80 cents land. A house was constructed in the name of her husband in 1990. She sold the part of the land other than her house and some site in backyard.
In 2010 she mortgaged her remaining part by mortgage of title deeds,
In 2015 the loan became NPA and bank moving with Sarfaesi act and given notices.
I have seen that in the schedule Sarfaesi notices 13(2),13(4),sale notice, the house is not mentioned, and the bank mentioned the old boundaries of total site as in 1962 sale deed. And the not mentioned road extension and sale of the part of the land to others. it seems like that bank not done any physical survey.
Now that site is for auction in very good affordable price. I want to go for bid. Any legal issues will arise during registration of the sale certificate? What checks i need to consider .?
Devajyoti Barman
(Expert) 15 September 2015
Without seeing the mortgage deed and the attachment notice it is difficult to advise.
If your property is visibly and documentary separate from attachment/sale notice then you have nothing to worry.
Rajendra K Goyal
(Expert) 15 September 2015
All the related documents need to be referred consult local lawyer.
