• Litigation after purchase of property

I purchased a flat from e- auction. Before purchasing this property i verified all documents like court order , possestion letter and everything. on legal terms everything clear. Now, I have done registration of property . Now it is time to take physical possession. At this point of time the defaulter of bank loan is approaching me and threatening to not take possession. I informed bank. They say that i should lodge a complain in police. i asked them that i have no dealing with him. i dealt with you. you give me flat with all issues cleared. Flat' s keys with me still gets threaten from defaulter. Okay, i agreed bank and went to police station to lodge complain and explained matter to police. He said ask bank to clear all issues with that flat. you purchased from bank, bank should resolve. Dont complain against defaulter, ask bank to do. or else approach civil court. i informed bank. bank says that I am the owner of flat i should complain in police. bank says that they will come and open flat and click a pic and handover the flat to me. Defaulter is a local goon. plz suggest what to do now.
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

No need to bow down to pressure tactics 

 

2) take possession of flat 

 

3) install CCTV cameras in the flat 

 

4) record threats received by you 

 

5) if police refusing to lodge FIR file private complaint before magistrate under section 156(3) of crpc against defaulter your direct police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

  1. The bank is right. You must lodge a complaint of criminal intimidation with the police. 
  2. Criminal intimidation is NOT a civil matter. Police is duty bound to take your complaint. If they are abdicating their duty, you can file a private complaint before the magistrate against that goon for criminal intimidation. Then the police will be compelled to act under the directions of the magistrate. 
  3. I'm willing and prepared to file and plead your private complaint before the magistrate as your counsel (Advocate). However, I require an exhaustive consultation session with you first. I'm based in Navi Mumbai/mumbai just as you are; so it shouldn't be much difficult for you to visit me for exhaustive consultation.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like threatening, intimidation, breach of trust, cheating etc.... against the person and the Bank, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. 

3. Threatening & Intimidation issues is not a Civil court matter but a Criminal court matter.  Take proper possession from the Bank and put your own lock and install a IP CCTV camera inside & outside the Flat.  Collect as much evidences (video /audio recordings, witnesses etc.... )

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

See stand of bank is correct here though police is taking wrong sides , as keys are handed over registration is complete and you are been given physical possession then in case intimidation from that person is there then you have to approach police only if local police station fail to lodge complaint approach higher officer or the magistrate court by private complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Once the property is sold, bank will raise his hands. If auction is by order of court and no stay and limitation to file appeal is also over.

Than file FIR against defaulter owner. Bank will not do anything. Now it`s your property so you only have to file police complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

When order was passed. If 3 months than appeal barred by limitation.

No stay and hope this is DRT order. 

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

You have clear and marketable title to property 

 

court would not grant any stay if sale is confirmed by tribunal 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

  1. You see sir, anybody is at liberty to move court, including the person whom you are labelling as defaulter. 
  2. Why don't you fix up an appointment with me over phone rather than wasting my time over here? Have already given you my number. You see just question answer session here isn't fruitful for anyone

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

1.  YES. Defaulter can exercise his right to go to Court.  However, once the auction and sale is complete, defaulter would not be given any relief.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

- Banks can only auction those properties mortgaged to them under SARFASI Act. 

- Since, you have purchased the flat from e-auction after verifying the court order as well , then your registeration fo the said flat is absolutely valid and uncahllegeable, and further it is the duty of the bank to deliver the physical possession to you without any obstacle.

- If, the defaulter is threatening you , firstly you should report the bank for the same , and also to the police as well , after mentioning all the facts. 

-  No, the defaulter cannot take stay over the flat purchased by you as per law.

- If, police refused to take complaint, then you can file your complaint before the magisterate as well . 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

1. See if the property is legally registered and possession is given and there is default on part of the person then court will not provide stay.

Further it's not banks duty to deal with him on this level you have to seek police help.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can file a FIR against him. He can't threaten you. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Just ignore the defaulter

He is only intimidating you

Address a written police complaint to place the threats from defaulter on record

Defaulter has now lost right over the property and even if he approaches court, he will miserably fail

Court will not grant any stay 

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

in case of any resistance by third party for possession, you can as well file an application before the Court for delivery of possession. it is better to consult your local lawyer for better advice and file application in Court for appropriate relief according to Law

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You should send a written complaint to SP against that goon who is threatening you. 

Police is under some influence that is why they are not taking your complaint.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The bank is right in its statement.

You have purchased the property by auction sale and the bank has handed over physical possession.

If at all somebody is threatening you in the name of defaulter or previous owner, then you may ask him to appraoch the bank or police with a complaint and if the threat persists then you may have to approach the higher police officer if the local police is not cooperating or not very effective.

The bank's job of selling the property by a valid registered sale deed is done, now the ball is in your court, you may have to take steps to protect your interests legally or otherwise.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

Let the defaulter approach court or police station, you dont bother about it, becasue you have not grabbed the proeprty from him by using any illegal method, you have purchased the proeprty legally and you have a valid registered title deed on your name to prove that you are the absolute owner with clear and marketable title on your name.

So, you can challenge the same in the court of law if he approaches court for this.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

Ask a Lawyer

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