• Auction property: DRT's decision impacting bank auction

As per Bank Policy 10% of EMD shall be deposited before auction date, 25% immediately after the auction date and remaining in 15 days. I paid the EMD(10%) for an auction plot and ready to participate in the auction tomorrow (Date: 15th May 2019).Bank informed me Y'day that the Defaulter approached DRT and DRT asked him to pay 50% of the Outstanding by 15th Evening. If the Defaulter could not pay the money by 15th evening and if I win the auction, I will pay 25% to bank and remaining in 15 day's

Question1 : If the Defaulter pay's the money with in 15 day's, will my sale be reverted and will the bank pay back my 25% immediately?
Question2 : If the Defaulter Approaches High Court after the sale is completed(After 15 days), Is there a chance for reversion of my sale? In this case will the bank pay back my 100% money immediately
Question3 : After the sale certificate is issued and got registered in the Registration Office, Is there a chance of sale getting reverted or cancelled
Question4 : At what point one can say the sale is complete and can not be cancelled
Question5 : Is there a chance that any procedure's from bank may get delayed for long time..like issuing a sale certificate or registering sale in Registration Office or reverting the money paid to bank.

Question 6: Is it advicable to participate in the auction at all?
Asked 6 years ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

5 Answers

Dear client 

  1. If defaulter pays the money within 15 days your sale will be reverted as bank has already informed you about this. And they will return your money.
  2. If defaulter approaches the High court. There will be very chance if reversal of sale as the bank put the property on sale after the period of appeal expires. In case due to some genuine reason appeal got admitted and allowed bank will have to return your money immediately.
  3. After the sale certificate is issued and registered the sale cannot be reverted without the interference of court. For that also time limitations matter and bank took any step after the limitation period expires. 
  4. When the 100% money is paid and property is registered in your name the sale stands complete.
  5. delay can only be due to some clerical work otherwise it won't take much time. 
  6. Yes the auctions of bank are genuine and you can participate in these auctions. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can work out a settlement with bank court will not interfere.  In such cases there is a very less scope that court will reverse the order.  If 100 percent payment is done you can go for staying the same. 

Prashant Nayak
Advocate, Mumbai
34599 Answers
249 Consultations

1) your refund of 25 per cent would not be paid immediately but may take some time 

 

2) chances of reversion of sale by HC are bleak 

 

3) in case of reversion you would get your refund after sine time 

 

4) after issue of sale certificate chances of sale being reversed  are bleak 

 

5) if the defaulter makes payment Tribunal may set set aside the sale 

 

 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

1. defaulter has to pay by 15th evening. If he does not, the auction will be conducted

2.where is this 15 days coming from? if the auction sale is reversed obviously bank has to refund your money

3. no. the defaulter than has to file a suit

4. on registration of sale certificate and handover of possession

5. yes, in case there is order from DRT. However you will be at liberty to move DRT for necessary reliefs. You cannot be made to wait endlessly

6. auction is conditional on the defaulter paying 50% dues by today evening. If he does not then auction will be conducted. Purchaser is not remediless as he can always apply to DRT for appropriate reliefs. So you can participate. 

Yusuf Rampurawala
Advocate, Mumbai
7905 Answers
79 Consultations

Court has given time to defaulter, if he complied, His title is safe, and recovery from bank, sluggish.

Bank never pays immediately, bank will auction the property and collect the sale consideration and your money will stuck.

Till matter is subjudice before DRT, your title remain under shadow.

 

Question5 -- Very possibility. as bank auction the property on as in where in basis, bank don`t owns liability once property sold. 

No till Issue not resolve in DRT, might DRT stay auction on next date or annulled the auction. .

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer