Sarfaesi auction of fake property
shivakumar
(Querist) 31 May 2014
This query is : Resolved
Hi All,
I have purchased a empty plot through auction as per sarfaesi from citibank. I got sale certificate registered in my name after payment of bid amount. Bank in its Auction confirmation letter, stated that physical possession will be given after registration. They have not given possession till date. In the meanwhile we observed that there is a building coming up on auctioned plot. Upon enquiery, it revealed as follows..
Government Granted some land to X and he got DC conversion and made layout of several plot. X made two layout plans on same survey number and with same site numbers. Example site no 23, in one plan it is having dimension of 30ft by 50ft and in another plan it is 30ft by 40ft. First he sold 30ft by 50ft to Y and later after three months sold 30ft by 40ft to Z. Then Z sold to A and A sold to B. A & B were aware that they were duped. B took loan from Citi Bank pledging documents and he didnt pay any EMI. Later citibank took possession and published for auction. I purchased through auction. But now Mr.Y is constructing a building. Now where do i stand. I approached police. They told me to write to Citibank about the issue and give them sufficient time to response. If citibank fails to respond , then I can file cheating case against citibank as they have sold the property for which they dont have any rights legally.
Even now if you take EC from regsitrar office for site 23 with different dimensions, one EC with 30 50 will show only X &Y,, other EC with 30 40 will show X, Z, A, B, myself
Somebody suggest what shall i do,, this is a peculiar case.. Citibank officials have not verified documents before sanctioning loan to borrower or they have duped bank by taking bribe. Mr.X is dead already.
Raj Kumar Makkad
(Expert) 01 June 2014
In the given case, city bank is responsible to hand over you the possession of the auctioned site as it has publically accepted your bid and even has undertaken to hand it over at the time of registration. You can demand the handing over its possession even at this stage by moving a representation. If banker fails then you have every right to demand back your money with cost of escalation of its value and entire expenses incurred by you.
This is not a typical case. You are not concerned with the action of x or any other person. Your contract is only with city bank so confine only up to this extent in your best interest.
shivakumar
(Querist) 01 June 2014
Dear Sir,
I hav written to citibank,` bangalore explaining all the story. They sought some time to get back to me. Can I get a lawyer in Bangalore who is competent in Sarfaesi act and its related cases.
c.p.s. ramachary
(Expert) 01 June 2014
You should have verified the records(title to the mortgaged property) held by the bank and caused legal audit by an expert lawyer before choosing to purchase the said property. However as you are aggrieved person you can file application under Sec.17 of SARFAESI Act in DRT, (if your right is within the limitation of 45 days) having territorial jurisdiction, challenging the right and legality of the auction conducted by citibank, on the grounds of 'false sale' in which you may claim refund of your money as well as compensation (under Se.19 of the said Act) for loss of interest on your money from citibank for retaining your money in the illegal sale.
Kumar Doab
(Expert) 01 June 2014
Pls follow the advise of learned experts.
Has M/s CitiBank replied to you in writing or verbally?
Since you are affected record all calls, meetings (audio/visual) and cover everything in minutes.
Proceed further under expert guidance of your lawyer/law firm within stipulated time and do not leave anything to verbal assurances. Do not compromise on time limitations.
Escalate to CEO,MD,Chairman of M/s CitiBank under proper acknowledgment.
The Global fame due to its downslide (hope you know it)that M/s Citibank had earned in the past may propel it to settle your matter if you succeed to compel them.
shivakumar
(Querist) 02 June 2014
Dear All,
Documents are legal for both 30*50 and 30*40. But only one plot is there. If you take encumbrance for site No.23 with 30*40, we get transacation including mine but wont show the earlier registration b/w x & y.. if we take EC for 30*50, it will show only X & Y.. If we take EC without mentioning any dimension, then both will reflect.
Anirudh
(Expert) 02 June 2014
Dear Shivakumar,
You are simply wasting your time here.
Please take legal recourse at the earliest as suggested by Mr.Ramachary.
Any further delay will be very harmful to you.
Raj Kumar Makkad
(Expert) 02 June 2014
I again reiterate my advice to take quick action in this matter.
T. Kalaiselvan, Advocate
(Expert) 02 June 2014
The experts above have very properly addressed your problem, ow it is you who have o at swiftly as per law. You have no concern with who owned the property and who sold it to whom and what happened in the past or to know about the history and origin of the property at this stage, you are aggrieved, you have grievance against the vendor, i.e., City Bank, so you have to take all legal action against the city bank only and not on any one else and you should not keep bothering about other issues. You ask the bank to hand over possession of the property, if not ask them to refund your money along with suitable compensation. Take the help of a good and expertise lawyer in the local and proceed.
Biswanath Roy
(Expert) 03 June 2014
Repeated query. ALREADY OPINED.
uttamtibrewal@yahoo.com
(Expert) 03 June 2014
dear Sir,
You need to immediately send a legal notice and then move for legal proceedings .. for any help contact me
shivakumar
(Querist) 15 June 2014
I have written to the bank mentioning about right of property act 1882 rule 48. Which states that the first transaction between x n y holds good,, later transactions are not valid under law. hence bank doesnot have a title as its borrower.
Also, i observe that the sale certificate issued by bank is not as per standard format. In standard format of appendix v of sarfaesi act,,,, there is mentioning of handing over of delivery and possession of property. but in my certificate those lines are missing.
shivakumar
(Querist) 20 December 2015
I got my issue resolved. Also I got refund of my entire money. No lawyers were engaged in all this process.
