Dear EXPERTS,
I need URGENT help & advice.
I bought a Flat in an apartment. Flat was in the name of Mr X ,Mrs Y (Wife) and Ms.Z (MARRIED Daughter).
Mr.X died and his legal heirs Mrs.Y (Wife), Ms.Z (daughter) and Mr.AB (His Son who entered into the shoes of deceased to share the property) sold this Flat to me during last year in June.
I got the Registry done and on the registry papers it was clearly mentioned that " the Vendors (Sellers) has all the rights to use all the facilities and amenities provided in the said flat (building complex) and no one else has any right , title and interest in the same except Vendors which is free from all sorts of encumbrances, charges, demands, liens, litigation, mortgages, attachment, prior agreement to sell, acquisition or requisition etc.The Vendors have also not been restrained from selling, transferring or mortgaging the same by way of any injunction of any court or authority and the vendors have got absolute right, title and interest to sell, transfer and mortgages the same in any manner whatsoever as the same is also not attached under any decree of the court or by any authority for recovery of any taxes or dues whatsoever."
In the Registry Papers it is also mention " That the Vendors (Seller) do hereby make convenient and declare that they have not done any such thing whereby the flat hereby sold and transferred be lost from the hands of the vendees (Purchaser) , if the vendees suffer any loss due to any act or omission committed by the vendors or on account of anything found contrary to the covenants and declaration made in this deed the vendees shall be entitled to realize all the cost, losses, investment alogwith interest from the person and property of the vendors"
Just for info, Mr.X was running his factory and it was Pvt.Ltd and his daughter (Ms.X) was one of the DIRECTOR in the company. After the death of Mr.X , his family winded up his business and sold out all assets including the Flat I purchased. AND THIS FACTORY IS STILL RUNNING AT THE SAME PREMISES WITH DIFFERENT NAME AND NEW VAT REGISTRATION. TOTAL VALUE ESTIMATED OF THE LAND, FACTORY SHED AND MACHINES ARE ABOVE 2 CRORES.
Now after EIGHT MONTHS of my purchase of this flat, two guys from local Tehsil Authorities came and showed me the papers that MR.X has some previous outstanding against SALES TAX (2008-09) and told me that they have came to attach my flat so that this can auctioned & Govt can recover there dues. The oFFICIAL Letter was in the name of MR .X Company and was addressed to Factory address.
I said you should go to factory, and they said taht the Factory is closed and there's no one to answer (but this was true, Factory is still running by another person who bought all assets and transfered the factory in his name) . they said they are from TEHSIL and they have the recovery notice from DM (District Magistrate) to attach this flat. But they didn't showed me any papers for attaching. They told me that the Notice was sent to factory but as it was closed and nobody was there to receive or answer, so they now come to the residence of the factory owner with a attachment order.
I told them that I purchased this flat and has been registered in my name and in the registration papers above points has been clearly mentioned than how come they can attch my property. They said that, they can do this under section 34 (I have no idea about this) they have the right to attach and auction the property.
I spoke to the Old Landlords (Daughter of Mr.X - they now live in other state) and they said they will take care of this issue through their lawyer but now I am quite worried about the Flat (Property) I purchased.
Could you please advice me on following Points -
1) Is it possible that, Authorities can atatch my Property for the recovery of the Taxes due of the Dealer when his factory and all other assets of the factory are still there (but sold to other like they sold this flat to me).
2) Legal Heirs & Other Directors of MR.X Company) are still alive and are now living n other states. I provided the name & address of his Legal HEIRS to the person came.
3) I paid the Court Fee and done all legal formalities to get this flat Registered in my name, in this case how can my Flat can be auctioned by Authorities without my consent and without giving me any kind of notice for attaching and auction.
4). Shall I go and take STAY ORDER from Civil Court to avoid any such legal preceedings from Court to save my Flat to get attach by the Govt.authorities.
5) This Flat is on RENT now to Nationalised Bank. If incase authorities attach this flat, In that case what would be the action plan on my side to safeguard my Tentant and to save my Property.
6) Is there any law which can help me to get out of this situation ??
I would be highly obliged if you can give me some advice on this matter.
