• Bank auctioned property - delay in possession

Dear Sir,

1) In Visalhapatnam House MIG-121 given for sale in news paper.    The property subject to the following encumbrances known to the bank is (NIL) property sold on as is where basis and what it is  basis  2floors building  on 289 sq. yards. Purchaser shall be liable to pay Local taxes and other statuatory dues and registration charges and stamp duty.  My side due diligence obtained EC and certified copy of sale deed from Registration department and found in order.  Bank was informed orally it is a clear property you can go ahead.  on 8-1-2014 sale confirmed to me and paid 25% of the money.

2)Before paying 75% money I come across At the time of loan given it  is only Plot  not house.   Borrower constructed building without Municipal permissions Two floors building. Current property tax dues Rs.27000/- and difficult to get building plan approval for constructed building.  DRT case SA160/13 is pending Recovery certificate was not issued.  Tribunal instructed borrower to pay 10% of loan amount and after one month another 10% loan amount deposit to avoid auction.  Borrower paid 1st Installment and failed 2nd installment.  WP/45/2014 was filed by borrower to stop the auction in High court of A.P.  High court also order to pay 20Lacs before 8-1-2014 to stop the auction, else instructed the bank to proceed for auction.  Subsequently borrower failed to pay 20Lacs and Bank proceeded for auction.  Subsequently WP/45/2014 was dismissed as infrctuous.  Bank to get the possession filed MP/2959/13 in Visakhapatnam court and get the ameen to the premises for vacating the house.  Borrower restricted and bank went back without obtaining possession.  Bank is in the process of obtaining possession with police protection.

3)I was informed in written to the bank without physical possession, I am not in a possession to pay balance amount which was due on 23--1-2014.  Written several letters to bank but no communication from their side.  Orally they are communicating, it will take time to take possession.  Balance 75% money deposited in FD same bank and informed once you give a possession, I can release the FD for final payment.

Under these circumstances request your expert advice on the following points.

1) If I wait for possession how long it will take approximately.  Bacause the property value approximately 15-20 more than the bid price.
2) If I ask for refund of money how long it take approximately.
3) Can I claim with interest.
4) what are the damages I can claim along with my 25% initial payment 

Requesting your advice on the above matter.
Asked 4 years ago in Civil Law from Visakhapatnam, Andhra Pradesh
property appreciation is sufficient to take car of your loss if any . you have only paid 25%of amount . balance amount is earning interest as paced in FD . 

it is in your interest to wait for bank to deliver possession of property . in case possession not delivered within 1 year then you can reconsider your decision
Ajay Sethi
Advocate, Mumbai
45474 Answers
2672 Consultations

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