Property attached
Vikas Malhotra
(Querist) 24 July 2013
This query is : Resolved
Hi, I am Vikas Malhotra from Chandigarh.
Question - My father purchased a flat in chandigarh around 9 years ago, We are currently living in the same.
We purchases the property legally and it was transferred to my father's name after following proper procedure with the chandigarh housing board. Suddenly , officials from Punjab National Bank(assets recovery branch,delhi) visit our property and tell us that the previous owner had a loan pending and this property is attached and will be auctioned..
Since we had enquired about the property from various sources and even the Chandigarh housing board had nothing against the same, we went on with the purchase process.. If the property was attached,, the bank should have followed a procedure and marked it as " not for sale" with the chandigarh housing board..
We filed a case in DRT,delhi and it was desided in our favor. The bank was directed to get hold of the previous owner since he was the one who had not paid the loan..
We had a sigh of relief untill the bank appealed in high court.. Now the case is under hearing and the bank officials are demanding 25 lacs from us as settlement.. Why should we pay if we have purchased the property legally..?? My family is facing too much harrassment as it is the only house we live in.. We have to visit delhi frequently for hearings... Is it not negligence on part of the bank,, that they did not foloow a procedure for attachemnt...
My question is - if the property was attached,, how come the sale of the same was poosible and how come chandigarh housing board had all the clearance.. The bank never reached any authority in chandigarh to claim its right on the property.. It is negligence on part of the bank,, then why should i suffer..??
Is there any rule which can take us out of this mess..??
Guest
(Expert) 24 July 2013
There are several things that matter much for finding solution to your problem, i.e., the dates and sequence of events, including loan, mortgage of property, registration in favour of your father, whether the property is on leasehold or free hold basis, If freehold, date of freehold, whether you hold the original allotment/ registration papers pertaining to the previous owner as well as the original allottee, NOC by the CHB for loan, etc.
So, better consult some local expert making him examine your property related papers.
R.K Nanda
(Expert) 24 July 2013
consult local lawyer.
Vikas Malhotra
(Querist) 24 July 2013
Yes, the property is in my fathers name and is freehold.. We have the NOC issued by CHB and the allotment letter too.. We have the registration papers in favour of my father.. The property is not mortgaged since we have the original documents.. I am not aware of the dates of events.. Just the information that all this happened after we purchased the flat in 2003..
prabhakar singh
(Expert) 24 July 2013
Too long is the story but no facts stated that are required for proper answer:
Was the house in question mortgaged in favor of bank to make the loan secured?
An affirmative answer keeps you no where as you have bought an encumbered property.
And if the loan was unsecured and a decree was passed and execution was sought then which occurrence took place first,your sale or attachment of the house by court?
If your sale deed preceded attachment then you are safe but if attachment preceded sale deed then you are in soup.
and after DRT cases go to appeal then to High Court.How bank has gone to High Court directly.
Guest
(Expert) 24 July 2013
Prabhakar ji,
Probably, the querist is unaware of the consequences of "adhoora gyan." He should know that the solution to his problem does not lie in the information or documents merely in his own possession.
Guest
(Expert) 24 July 2013
Prabhakar ji,
Probably, the querist is unaware of the consequences of "adhoora gyan." He should know that the solution to his problem does not lie in the information or documents merely in his own possession.
Rajendra K Goyal
(Expert) 24 July 2013
Expert prabhakar singh ji and PS Dhingra ji has advised well.
At the time of purchase of the property, has the purchaser taken all original title papers from the sellers and got these scrutinized from a lawyer.
About probability in case of mortgage or attachment expert prabhakar singh ji has clarified the situation.
R.K Nanda
(Expert) 24 July 2013
it is ur fault that u purchased a disputed/
attached property as u did not duly verified
its title by lawyer before buying it.now
defend cases strongly.
R.K Nanda
(Expert) 24 July 2013
it is ur fault that u purchased a disputed/
attached property as u did not duly verified
its title by lawyer before buying it.now
defend cases strongly or settle amicably.
ajay sethi
(Expert) 24 July 2013
it is always better to consult a local lawyer before purchasing any property .
you have stated that all title deeds of property were in seller possession when you purchased the property . if property had been mortgaged to the bank then bank would have insisted in retaining original documents .further if NOC was necessary for creating mortgage and Chandigarh housing board had not given NOC then you have good case . you have won the case in DRT .
although bank has filed an appeal no need to pa Rs 25 lakhs to the bank . as advised by experts it is necessary to go through the case papers to advise further .
Vikas Malhotra
(Querist) 24 July 2013
The property is not mortgaged.. Although the attachment as per bank records was before the sale agreement took place.. But how can a common man/purchaser verify these details about attachment..? The best we could do is to visit the chandigarh housing board,, and they had the property free from any incumbencies so we went ahead with the purchase..
Moreover how can bank claim to auction if they dont have any single paper regarding the property.. They just have the newspaper notice that they posted regarding the attachment..
Vikas Malhotra
(Querist) 24 July 2013
Its a plain case that my father has been duped by the seller.. Although he provided us with all the papers and transferred the property to my father's name.. He hid the fact that the property was attached..
Despite of blaming us for not consulting a lawyer while purchasing,, please suggest a course of action so that we can get our property cleared.. The bank shud have contacted housing board and claimed its right on the property which they never did..
R.K Nanda
(Expert) 24 July 2013
consult good chandigarh lawyer.
Guest
(Expert) 25 July 2013
Dear Vikas,
On one hand you have earlier stated, "I am not aware of the dates of events.. Just the information that all this happened after we purchased the flat in 2003," while on the other you have now stated that the attachment as per bank records was before the sale agreement took place. Both go contradictory to each other. Only complete information on your part can help you get correct advice.
About your query, "how can bank claim to auction if they dont have any single paper regarding the property," not the property papers with the bank, but the decree of attachment matters much for execution for them. Now, it is the High Court, who has to decide, whether attachment taken prior to registration in your father's name is valid or the registration papers in your hand.
The case seems to be very clear, when the owner of the house was not able to defend his case properly in the DRT, he preferred to sell the house on the basis of papers in his custody by duping your father.
However, since the property stood attached before registration in your father's name, your dispute does not lie with the bank. Only the person, who sold the property to your father is liable to be sued for cheating, fraud, etc., for keeping your father in dark about the real status of the property and fraudulently swindling away the sale proceeds of the property in spite of the fact that the property was attached.
Now, the date of decree of attachment/ execution and the date of action taken by the bank after obtaining the decree matters much.
So, in view of complications of your case, better hire services of a local property law expert cum DRT expert lawyer and proceed according to his advice, as any hit and trial method or casual consultancy based on partial information on this page may not help you much. We can, at the most provide you the hints based on the partial information supplied by you, while your case needs detailed scrutiny with reference to the documents, including the case papers, attachment orders, appeal document, etc.
Needless to mention, absence of any timely action on your part may cost you much, as the main crux of the problem is the attachment decree prior to sale deed.
prabhakar singh
(Expert) 25 July 2013
Yes!Dhingra ji is right.
You need a lawyer in court and not on these portals.
You tell attachment as per bank record is prior to sale BUT YOU NEED TO KNOW WHAT DOES
THERE LIE IN ORDER SHEET OF EXECUTING COURT.?
Raj Kumar Makkad
(Expert) 26 July 2013
It shall be better for you to contact a local lawyer with entire relevant documents and discuss the issue with him.
