I purchased a flat (FLAT)electronically tendered by a nationalized bank 7 months ago by a Sarfasi agent. After I paid the entire transaction amount to the bank, the bank immediately issued a flat sale certificate to my name. They also gave relevant documents after 4 months. Also the bank officials say they are ready to come to register for registration office at any time. Seven months are already over from my purchase date. I bought the property owned by the defaulter who he did not pay the mortgage loans for years together and hence the property was auctioned by the bank.and I was offered due to successful bidding. Now I could not register the property based on the defaulter’s deed documents given by the bank with the sales certificate issued by the bank to me, since the property belongs to the temple after December 2017 as cited. I do not understand as to how the bank officials handled the sale of the property at this point of time through E-auction. To my surprise, the bank gave the mortgage loan before 2017 to the defaulter, when the property was not declared as temple property. Now only after December 2017, the temple authorities declare this property as the temple property. Now I could not register my flat (FLAT) with my name in the Sub-Registrar office. Consequently, I am unable to change my name for property tax and TNEB fees. But the bank officials repeatedly say they are ready to come to register at any time. Now I feel like the ant between the fireplaces. What should I do now? Sir, please suggest some suggestions to solve this problem.
HOW TO SOLVE THIS?
1)sale certificate issued by bank confers clear and marketable title to property
2)
Sale Certificate is issued under Rule 9(6) of SARFAESI Act, after confirming the sale,
3) The Certificate of Sale does not require registration.
4)if registrar is refusing to register the sale deed fie writ petition in HC to direct registrar to register sale deed
Contact a local lawyer and fil writ petition in HC
First you need to check for property mutation papers from 40 years back.
Secondly how these temple people claiming their rights suddenly and from whom they got this rights as you need to cross check accordingly TN state land laws and transfer of property act.
When you come to conclusions of my second point than talk to bank and take further decision.
File a cheating complaint against the bank officials.
Regards
G.Rajaganapathy
You can send a legal notice to bank. It their duty to give you a clear title. You can also claim compensation for deficiency in consumer court
Since you have not obtained legal opinion about the property before entering into e-auction , all such debacles have to be faced now.
However you can issue a legal notice to the bank demanding them to execute the registered sale deed in your favor on the basis of the sale certificate giving them 7 days time for this.
If the bank is not complying with the demand made you may approach civil court with a suit for specific performance of contract seeking direction to the bank to register the sale deed in your favor and for costs.
Let them give their answer to the court after which the court will decide against them
You have two options;
One is to approach civil court with a suit as suggested earlier and the second one is to approach consumer court against the bank for relief and remedy.
Let the bank answer the government or the temple authorities when the dispute is raised.
You should hire a lawyer and send a legal notice to bank for registration of property or refund of your money with interest in case of default.
If bank fails to comply with notice terms then you can file suit against bank for refund of money
Now for registration of sale deed,penalty will impose. Had to get it registered within 4 months. Have to file civil suit for direction to bank to registered sale deed and payment of penalty.
And since property belongs to temple, it cannot be registered in individual name. Bank cajole you by selling prohibited property. So, in civil suit also pray for cancellation of sale and refund with interest if registration not possible.
