• Can I get back my property after issuing sale certificate and not taking actual possession?

One of my residential property which i resides currently and which is colateral in my loan, bank issue a sale certificate to bidder but not taking actual possession yet. Bank issued possession notice through District Magistrate/Tahsildar, I filed appeal in DRAT mumbai and take stay on possession by paying 50% amount on my outstanding loan. Now i can make an OTS with bank. so after doing OTS, can bank wil release my property paper?
Asked 7 years ago in Property Law
Religion: Buddhist

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9 Answers

If you clear bank dues abd bank agrees for OTS then sale certificate would be set aside and possession delivered to you 

Ajay Sethi
Advocate, Mumbai
99961 Answers
8158 Consultations

If the DRAT settles the matter and there is OTS between you and bank then the sale certificate can be cancelled and documents can be restored.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

Yes the property will be released by the bank once you pay the entire amount.

Move an application before the court for the same after making the entire payment. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Hi,

After OTS and settlement of loan the bank is bound to release the property docs.

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

Hello,

As you got the stay , you are in safe side . Bank will release your property papers once you make full outstanding payment.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Better discuss with an competent advocate with all relevant documents to get precise advice.

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

Yes if you settle with bank it will release the same

Prashant Nayak
Advocate, Mumbai
34649 Answers
249 Consultations

Dear Client,

OTS should be submit to tribunal if bank do not agree and once OTS worked out. Property fee from mortgage.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If your OTS  has been accepted by bank and has received the agreed OTS amount, then you ask the bank to discharge your loan in full and to release the property title documents and other relevant document held in their possession, if not then you may drag them to consumer forum for deficiency in service.

 

T Kalaiselvan
Advocate, Vellore
90162 Answers
2505 Consultations

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