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Praveen   22 July 2019

Builder did 2 sale agreements to 2 buyers, both have bank loan

Respected Experts,

I entered a sale agreement in February 2014 for a property in Bangalore, I have taken Bank loan from SBI in April 2014, i also got this property sale deed executed in February 2018, and started living in this property from August 2018.

In June 2019, ICICI bank has stuck a notice on my property saying EMI is not paid by the person who took loan on this property, notice was dated  December 2018. I came to know Through ICICI bank personnel that another person also got sale agreement done from our builder for this property in June 2016 and that person also took Loan from ICICI bank and he is now defaulter for that loan.

ICICI bank personnel are saying that they can take Possession of this property through Court order which they did not show me.

My question:

1. Can any Court issue possession order to a Bank with Sale Agreement alone, and can the Bank take possession when a registered (SALE DEED) owner is already living in it?

Sir, Please note, I have taken EC from Sub-registrar office, and i see only my name appearing in the transation list for this property.

Request you to please advise on my next course of action.

Thank you

Praveen.

 



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