Drat related query

In the plain case itself there are lot of difficulties to get the property registered even after successful bidding. 

In your case there are litigation  after litigation, so just sit back  and think that whether you still want to go behind this property and get tangled in the litigation and run after courts despite investing your valuable money(?)

You can fight to get the desired reliefs but it is time and energy consuming besides spending towards litigation and lawyer fees. 

Hi Mr T Kalaiselvan,

What if both High court and DRAT appeals are disposed off ...Can I go ahead ?

My local lawyer told me that if the high court case is disposed and the DRAT appeal is pending ( with a minor reason like financial difficulty is paying ) then u can buy the property as if there was any stay on the property then  SBI would not have sent the auction notice in the first place

There is no guarantee till the bank is possessing the property with title and is selling the property through public auction to the successful bidder.

Once the property is sold by the Bank, they will wash away their responsibility of handing you the physical possession of the property. The bank officials may not cooperate even for registration formalities. If there is a subsequent litigation, the bank may not come to your rescue though it it becomes their duty to clear any type of litigation that may arise in future in this regard.

if there is stay regarding the AUCTION that means bank can't auction. if you want to purchase that house then you have to participate in auction which is fixed the date time and place. There is no more litigation only one difficulty is if the borrower pays the total amount to the bank after leave of the court or any other reason from the bank side then your money is secure and the bank will return your money with the interest 

Bank can’t auction the house without leave of the DRT / DRAT and the auction is guided by the guide line of minister of Finance and in present of the DRT/DRAT officer

Hi Jyotimarya,

Thanks for your reply,  I came to know that there is a case pending in DRT - 3 Mumbai..

Case stage - Evidence   Next hearing date - 28/3/16

1. Can bank still go ahead with the auction ? They told me that new auction notice will come in 2 days

2. After buying the flat are there any chances that we will be dragged into this DRT case which is going on between borrower and bank

Borrrower owes Rs 28 Cr with SBI

Hi experts,

Can you please provide your view on this.