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Satish B   13 September 2024

Sub registrar denying registration for a property auctioned by drt

We purchased a property auctioned by public bank through DRT and got a sale certificate and possession of property. But the sub registrar is denying registration and both the bank and DRT are not supporting us to sort out the issue. What should we do now?



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 8 Replies

P. Venu (Advocate)     14 September 2024

What is the ground on which the SRO is denying registration?

Satish B   14 September 2024

It's a property with 3 floors out of which one flat got a  registration by a district court to another person after its mortgaged to the bank by the borrower .His name is reflected in EC ,so SRO is claiming that it will amount to double registration under 22B . DRAT mentioned it as a fraudulent  registration in their order before proceeding for the auction.

But SRO people asking for a court order saying that registration is null and void

P. Venu (Advocate)     14 September 2024

Have you received any written communication from the SRO? If not, get the information under RTI and approach the competent judicial forum, if so advised.

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T. Kalaiselvan, Advocate (Advocate)     14 September 2024

If the SRO is refusing to register then you approach the bank to execute the registration.

You should not have gone to registrar for registration directly, it is the bank which should have done this for you because now the bank is seller and hence it is its duty to execute the registered deed in your favour.

You file a case against bank to direct bank to execute registration of title deed 

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Satish B   15 September 2024

Thank you all for your valuable suggestions.

We took loan from the same bank to pay the 75 percent of auction bid money .

They started deduction of EMI money already.

As the property is yet to get registered on our name ,do we have a rite to defer the EMI payment till it's completed?

P. Venu (Advocate)     16 September 2024

Taking law into your hands would only complicate the issue. Instead, seek statutory or judicial remedies.

T. Kalaiselvan, Advocate (Advocate)     18 September 2024

The registration of property is a different subject to that of the loan EMI repayment.

If you default in loan repayment you will be liable for consequences of losing the property as well as your own investment.

 


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