Who will prevail acc to doctrine of priority in property law

Kindly clarify whether mortgage is registered or not .?if property was mortgaged finance company should have been given original documents of tile 

2)your agreement with seller was unregistered 

3) the subsequent mortgage in favour of AU finance was illegal 

4) you should file case of cheating , criminal breach of trust against seller under section 406, 420 of IPC 

5) you can file suit of specific performance against seller to execute registered sale deed in your favour 

6) bank would seek to auction the property 

7) you have to file application before DRT seek stay of auction 

Yes bank can take possession through court. 

But before you can take temporary injunction. 

You should contest the case on merit. 

You have to file recovery of money suit against seller along with interest 

Bank can approach court under sarfesi Act. You can try to secure injunction in the sad case from civil court.

1) Title is important so the bank can auction the property and recovery their money and will ask court to give possession of the property.

2) It will better you purchased property title from Bank and finance company and ask you friend to sale one more property if he has in your town or at village. So you can recovery balance amount of yours.

3) For time being check against how many people your friend has taken loan on this particular property.

1. As per the information mentioned in the present query, makes it clear that you have the sale deed but not yet registered.
2. But the bank may have all registered document only then he may have got loan.
3. Now, as per the records, bank would have priority over you.
4. Though you may have other legal remedy for filing a suit for recovery of money which you have given to him.
5. It also can initiate the proceedings under NI act, as you have cheque’s also.
6. Of bank would proceed further then you can claim your amount out of the amount deducted by bank after auctioning that property.

It is advisable to file suit for specific performance 

2) you have to file application before DRT seek stay of auction 

The possession of property with you is illegal and invalid since it is an unregistered sale agreement which is not enforceable in law.

You have to file a money recovery suit and seek for ABJ Or charge on property till recovery of money from him.

The mortgagee bank may have priority over the property.

The sale agreement with you is not enforceable but it can be considered as acknowledgement for the money transaction hence only money recovery suit would be an option.

You cannot stop them from letting out the property on auction.