Sarfaesi act-sale notice by allahabad bank
GUNDA SRIDHAR
(Querist) 18 July 2017
This query is : Resolved
Dear Sirs,
Iam a small private employee in an organisation with 20,000 monthly salary, I had come across a sale notice in one of the online portals, and I have participated in the e-auction,got the property i.e., Residential Flat in e-auction as I am the highest bidder. 25% amount paid as per the sale notice, for remaining 75%, I took the loan from the same bank but different branch i.e., Allahabad-Centralized Retail Banking Boutique, Hyderabad Branch. Now, the bank is going to provide me sale certificate and later registration. But the owners of the flat are residing in the flat, they have not vacated till date, I have approached Bank Officials and asked them that before registration, I need the flat to be vacant and handover to me, even I asked them to issue a notice to present owners to vacate the property, but bank officials are stating that, that is not their responsibility and simply saying the sale notice-PROPERTY is under "AS IS WHERE IS BASIS, AS IS WHAT IS BASIS" 1)In this matter What should I supposed to do, is it my headache to take the property by vacating the present owners? One of the Bank official said that after registration, asked to me to give police complaint. 2) In case if the present owners do not vacate if I insist them also?What should I do? 3)In this regard, bank will not interfere or definitely if I complete the registration process, bank people will wash their hands... 4)Is there any possibility that can I pressurize Bank Officials to let the present owners to be vacated? Please suggest/help me how to proceed, in this regard I am in so much tension and financially I can not go with the complaints/Police cases/DRT Cases etc.
Sir, I have discussed with the Authorized Officer, in his talks and words, I came to knew that, AO is supporting the present owner and asking me to take the refund for 25% amount deposited with the bank. He is also warning me that, there is authority to him that the 25% also can be forfeited as I have not paid 75% amount within 15 days as per the sale notice. But with prior intimation in writing I have asked them the time for 75% loan from the same bank but the process is done by different allahabad bank and the loan is almost in final stage. This loan has to approve by AO only, now he kept it in pending.
How can I proceed further..please suggest me..shall I inform all this to Zonal Office Chief or shall I warn AO by exploring all the documents legally i.e., I have all the written papers, time asked for loan, loan application, copy of legal opinion of advocate regarding loan process etc.
After having discussions with the ZO of Allahabad Bank, now the bank officials are filing a suit in DM Court for physical possession of property, but this should have been done before publishing the sale notice only, now if I ask them, they are saying that, after taking the physical possession, they will issue me the sale deed and registration. 1) How many days should I wait for this, suppose if they approach DM Court today?How many days it will take to take the possession for the bank officials.?
2) Is it confirm that they will take the physical possession, If the bank officials keep the matter in pending, how can I proceed with them?
Regards,
Sridhar
Adv. Vaishali Harish Gore
(Expert) 20 July 2017
if the flat is already auction and you had paid a fees to Bank then it is responsibility of the bank to give you vacant possession. AS IS WHERE BASIS does not mean with the person inside. check with the legal counsel at your area
GUNDA SRIDHAR
(Querist) 21 July 2017
Thank you sir.
Now bankers filed application in front of District Magistrate for physical possession of the flat, how many days it will take approximately for orders from the Court and for vacating the flat.?
Regards,
Sridhar
Rajendra K Goyal
(Expert) 22 July 2017
Repeated query:
http://www.lawyersclubindia.com/experts/Sarfaesi-act-645031.asp
http://www.lawyersclubindia.com/experts/Sarfaesi-act-648351.asp
http://www.lawyersclubindia.com/experts/Sarfaesi-act-648486.asp
