Bank has to immediately do the same in your favour. You can send bank a legal notice and then file a consumer complaint if they are not doing the same. Consumer court will give you interim relief for the same
Max time for registration of sale deed of e-auctioned flat from date of issue of sale certificate
I purchased a e auctioned flat by the nationalised bank due to default payment of the borrower of house pledged and they issued me the 'sales certificate' in my name immediately from the bank,(ie 4 months before the idssue of sales deed documents.) they could hand over the mortgaged property documents(sales deed,const agreement, encumberance,tax paid receipts.modt etc) after withdrawing all the documents fromr drt court chennai after 4 months .from the date of issue of the sales certificate by the chief manager(authorised officer) of the bank. now my question is 1. within how many months,registration of flat to my name from the bank official can be done from the date of issue of sales certificate, as the sales deed of borrower documents is received after 4 months?. 2. unfortunately, if the land is now under temple property, how to go about it?
Asked 6 years ago in Property Law
Religion: Hindu
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11 Answers
HOW TO FOLLOW UP FOR REGISTRATION OF THE E AUCTIONED FLAT, WHICH SUB REGISTRAR IS NOT REGISTRAING CITING THE REASON OF TEMPLE PROPERTY LAND FOR WHICH LOAN WAS SANCTIONED FOR MORTGAING ,SELLING BUYING DONE BEFORE DECEMBER 2017.
Asked 6 years ago
Registration of sale certificate should be done within further period of 4 months
you have clear and marketable title to property
It is for bank to get registration of flat done in your name
obtain court orders to direct sub registrar to register flat in your name
In the circumstances of your case, your remedy lies only against the bank which auctioned the property. You have to file a suit against the bank for setting aside the sale and refund of the auction money with interest. First, you have to issue them a legal notice setting aside the sale and demanding refund of the entire money paid in auction together with interest. The bank cannot deny the fact that it was not in its knowledge that it was a temple property, as its advocate would have scrutinized all the title documents before accepting the property as security.
It is clear but several judgements of apex court that sale certificate issued by bank or by revenue officer.
https://indiankanoon.org/docfragment/1693310/?formInput=registration%20of%20sale%20certificate.
The madras HC judgements states as follows
"We should, however, like to deal with a contention raised in the grounds that even if the certificate of registration is sought to be presented for registration by the petitioners, the Sub-Registrar has no jurisdiction to refuse registration on the ground that the document is insufficiently stamped. As already pointed out, Section 17(2)(xii) of the Registration Act makes it clear that the certificate of saleissued in a Court sale or by a Revenue Officer does not need registration. (Though this provision, like Section 89, relates only to a certificate of sale granted to the purchaser of any property sold by public auction by a Civil Court or Revenue Officer, for the same reasons as have been set out earlier, we think that the certificate issued by the TRO is also covered by this provision). It is, therefore, clear that it is not obligatory on the purchaser of property in a tax recovery sale to get the certificate of sale registered in order to perfect his title. However, if he presents the original certificate of sale to the Registration Officer for registration, the Registration Officer will have to comply with the relevant statutory provisions in this regard."
Therefore registrar has no power to refuse the registration.You don't have to worry about the period of limitation you can go and register the same
1. registration has to be done within 4 months plus grace period of further 4 months from date of signing of sales certificate
2. registrar has no business to refuse the registration on the issue of temple since he cannot go into title issues. That is for the civil court to determine
You can execute a sale deed to the prospective purchaser on the basis of the sale certificate which will be registered before the registrar in your favor and which will in turn reflect in the Encumbrance certificate too.
Within 4 months than penalty on registration. Temple property can be confiscate by govt.
Get order from court to register land.
1. The bank should execute the registered sale deed immediately after handing over the title documents and all relevant papers including the sale certificate, you should pester the bank officials to get the property registered to your name immediately and also to handover physical possession.
2. You may instruct the bank to handover physical possession of the property purchased by you, it is not your problem that whether it is a temple property or a private property.
You have to clarify this issue from the bank and insist and pressurise them to get the sale deed registered to your name because you have purchased the same from them, did you not obtain a legal opinion before buying it?
If the bank refuses to execute the registered sale deed, then you may ask them to cancel the purchase and refund the sale consideration amount paid to them, you can drag the bank to consumer forum also for this deficiency in service
Dear Client
The registration of property should be done in 4 months from the issue of sale certificate as per agreement of auction and it's duty of bank to register the property on your name and give possession of land to you.
If they fail to get the registration done you should send a legal notice to bank and file a suit for mandatory injunction to bank and sub registrar for registration of property.
