Non transfer & registry of immovable residential property / plot
Dear Sir,
1. I purchased an Immovable Residential Property (Plot) in one of the class – I city of Uttar Pradesh, through E-auction from a Bank (PSU) for an amount of Rs 120 Lacs.
2. At the time of Transfer & Registry of said property, bank informed me about loss of some of the important original documents of the property.
3. In the meanwhile, on the basis of available documents of the said property with the auctioning bank, I applied for loan with one of the branch of the same bank but that branch (of same bank) did not sanction / give loan to me, in the absence of all / complete original documents of the said property.
4. But in my opinion, bank was not in physical possession of required important documents of said property because they never replied to my RTI’s also on this subject (regarding property documents).
5. Bank, then filed FIR with Police about loss of some of the important documents. Afterwards, auctioning bank applied for Duplicate documents and obtained also from concerned U.P Govt. Office.
6. On the basis of Duplicate documents, bank applied for Transfer of said property in my name, after Transfer charges were paid by me.
7. But here also i.e. in concerned U.P Govt. Office, it was noticed that said property is already mortgaged in the charge / name of other bank.
8. Now, since the day of E-auction and till date, i.e. almost 300 days ( 10 months) have passed, Auctioning Bank could not get the said property transferred in my name.
9. As a result of all this, I suffered huge financial losses and physically also, because I could not use the property, the way I wanted to. Presently I am residing in a rented accommodation & paying a rent of Rs 25000/= pm.
10. Moreover said property is lying vacant since then. I have physical possession of the said property. As per govt guidelines, I cannot do any alteration, addition, deletion & new construction etc in the absence of Clear Title / Registry in my name.
Now I request you to guide / advise me further course of action (with which all agencies / offices / authorities) for the following :-
A. Can a bank (PSU) auction any property without having physical possession of all the Original documents of that property?
B. Is this not the responsibility & duty of auctioning bank to get the transfer and registry done in my name?
C. What is the time limit for a bank to get transfer & registry done in my name after receipt of full & final bid amount?
D. How, when & in what manner bank should compensate me for huge financial losses & physically, mental tension, harassment & torture suffered during the last almost 300 days ( 10 Months)?
E. Any other action / point of concern, legally or otherwise, needs to be addressed from my side?
Waiting for your valuable advise / guidance to overcome this problem.
Regards,
Asked 8 years ago in Property Law
Religion: Hindu
