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Satheesh P   08 October 2023

Buying a property which was already bought by bank auction

My friend bought a property through Auction from a nationalised bank. The borrower (a Company) represented by Party A, B and Guarantor C.   They pledged two properties

1) Three plots which was on the name of Party A (Friend took this property from the auction). 

2) Property on which C was Power Agent (got power from 3 of his own daughters). 

There was case filed for the 2nd property with the claim of forged power document. Which is dismissed by DRT , DRAT & multiple writ petitions with HC.  

 

Question: 

If appeal goes successfully (the contention is for the power given to C by his daughters ), will it affect the property 1 which was in name for Party A who pledged it. 

So far he did not appeal anything in DRT (in last 14 years). If power given is a forged document by Party C (already dead) will it affect the auction done for Property 1. 

Can i buy the property 1 from him in this current situation. 

 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     13 November 2023

The court will take action as per law and pass orders on merits.

The aggrieved party may present his side arguments supported by substantial documents he may rely upon.

The power deed stands cancelled if the principal or agent dies.


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