LAND problem due to Power of attorney.
Lalji SOrathiya
(Querist) 27 October 2010
This query is : Resolved
Hello sir.
We bought one open residental plot through bank auction...But after buying of plot through auction from bank, we found that another sale deed exist on same plot. I have search document for other party and found that POA of was made in 2005 and then He sold property to other one. but our POA was made in 2007 (In bank case)on the different person . Now who is the actually owner of this plot.
After that both POA owners send plots to different parties.and lastly, we bought plot from bank through auction procedure..Bank gaves us a title clearance certificate up to 30 years,...What to do the cancellation of other parties sale deed.
For refund where I will complaint and case???
adv. rajeev ( rajoo )
(Expert) 27 October 2010
You will have to file a suit for declaration and injunction against the other purchaser.
Devajyoti Barman
(Expert) 27 October 2010
It appears that the POA holder sold the property prior to the sale dded through which you are claiming title. If that be so and the said POA was validly executed then you does not seem to have any right over it. A bank certificate of such kind would not cure inherent the defect in title.
Arun Kumar Bhagat
(Expert) 27 October 2010
Take up the matter with Sellor Bank and ask for refund of money. Take up the matter with Banking Ombudsman.
bhagwat patil
(Expert) 27 October 2010
The first transaction is legal one, in subsequent deed the the sellor has no any right in property.ask bank for refund and damages,file case of cheating against bank officers.
RAVI B SHAH
(Expert) 28 October 2010
Agree with Mr.Bhagat.
Vinod Singh Tomar
(Expert) 29 October 2010
file a complaint and suit for recovery of money with interest against bank from the date of transaction.
s.subramanian
(Expert) 29 October 2010
The sale prior to the bank auction is subject to the mortgage in favour of the bank. If the purchaser of that property under mortgage does not clear the mortgage debt,he cannot claim absolute title to the same. The bank will be at liberty to proceed against the same and auction the property for the recovery of the dues. The purchaser who has failed to exercise his right of redemption under the Doctrine of Subrogation cannot object to the auction sale. The auction sale is very much legal and valid and the sale certificate issued by the bank would be thoroughly legal and proper. You have a valid,legal and marketable title to the property.
s.subramanian
(Expert) 29 October 2010
You need not initiate any action with regard to the said sale deeds. They are incapable of conferring any right or title on the purchasers.
Lalji SOrathiya
(Querist) 29 October 2010
Other party got bank loan also and got permission to construct house.
1. What to do with this?
2. Wheather I file a complaint...If yes then where i file complaint?
3. If compaint is not resolve this problem then what type of case i file against the bank?
Please help me on this.
