A builder sold a flat(A3) to mr. X ,mr. X took a loan of rs. 25 lacs from bank of baroda as home loan and paid to the builder,the builder registered the flat(A3) in name of mr.X,
mr.X sold the Same flat(A3) to mr. Y ,though the flat(A3) was mortgaged in bank of baroda,mr.Y took a home loan of rs .28 lacs from bank of india as home loan and paid to mr.X along with margin money,mr X registered the flat(A3) in name of mr.Y(though mr.X didnot clear his home loan against the same flat(A3) in bank of baroda)
now mr.Y appraoched me and offered to sell his flat(A3),i paid him 4 lacs cash ,and paid rs 28 lacs straight into his home loan account by cheque in bank of india,the bank(bank of india) freed the flat from mortgage and handed over the original sale deed (sale deed from mr.X to mr.Y) to mr.Y, but mr.Y didnot register the flat in my name yet,me and mr.Y had an uregistered sale agreement according to which i paid the money and in agreement he promised me to register the flat(A3) which he didnt,however he gave me the physical possession of the flat(A3),
now the problem is ,after 2 years bank of baroda came and put 13(2) notice then 13(4) notice on my flat(A3) saying mr.X is defaulter in the loan,and they r going to auction the flat(A3) as it is mortgageg in their bank
Bank of baroda doesnt know the fact,that the flat(A3) mortgaged in their bank is sold to mr.Y through registered sale deed,and mr.Y sold that flat(A3) to me(under my possesion now)through unregistered sale agreement.
how can i stop the auction or put a stay on auction done by bank of baroda
Asked 4 years ago in Property Law