Auctioned a property through sarfaesi act
Hello Sethi,
I was the successful bidder for a property auctioned on November 14th 2018 by Bank of India. On Nov 13th 2018, Borrower got a stay for the auction and below is the content of the stay.
"The the sale is subject to outcome of judgement in SA ***/**** Pending before DRT II, ****where the borrower has been directed to pay Rs.30.00 Lakhs out of which Rs.15.00 Lakhs to be deposited within 1 week and another Rs.15.00Lakhs within two weeks thereafter, directly with the Bank and upon failure of any of these conditions, Bank is at liberty to issue the Sale Certificate in favour of the Highest Bidder of the auction sale conducted on 14.11.2018"
Borrower dint pay any amount as mentioned above. The hearing is still pending from the court. Bank got physical possession through district magistrate and gave me a sale deed today. Bank Manager is suggesting to hold on the stamp duty registration process until we get the hearing that is one month from now. I took 90 lakhs loan from SBI for the 1.25 crore property and SBI bank transferred the money to BOI.
Please let me know how to proceed now, whether to go ahead with registration now ? or wait for a month to get to know the hearing?
Asked 6 years ago in Property Law
Religion: Hindu
Its a Sale certificate, not Sale deed
Asked 6 years ago
What happens if the court rule in favor of borrower as the case is in the pending state? What will be the consequences
Asked 6 years ago