• Property Fraud

Hello Sir,
My dad recently passed away. He had a pending case in the trial court and high court. He bought a small land/plot from someone but the person never gave possession to him of the property. He filed the case and court-ordered an arrest warrant against the person but the corrupt Indian police never arrested him. court also order to auction one of his other property but no one came forward to buy his property. Now my question is what are my options now? the attached property value is higher than the amount he owed to my father. Can I ask the court to reduce the amount for auction since no one bought in the earlier price set by court? is it possible that the court can put the same price as he owed money to my dad so that in auction property can directly transfer to my mom's name? thanks for your help. really appreciate!.
Asked 4 years ago in Criminal Law
Religion: Hindu

15 answers received in 1 day.

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18 Answers

What is reserve price fixed in  auction ? 

ws any valuation report prepared 

 

property cannot be sold lower than reserve price 

 

you can request court for fresh valuation report of the property then only reserve price can be lowered 

 

it is necessary to peruse court others passed to advice further 

Ajay Sethi
Advocate, Mumbai
94702 Answers
7528 Consultations

5.0 on 5.0

I meant was necessary to peruse court orders 

 

2(property would be placed again for auction 

 

3) on sale of property the surplus if any would be paid to defaulter 

Ajay Sethi
Advocate, Mumbai
94702 Answers
7528 Consultations

5.0 on 5.0

See if in auction no body turned up or made a bid the court may lower the Reserve price necessarily not the amount he owe to your dad but as per valuation of the property.

Further kindly attach the order of court as it has to be seen for better understanding and further advising you properly.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. FIRSTLY, One of the Legal Heir has to be brought on court record (in place of Father), in both the cases, so that matter in court can be represented properly, FAILING which the case would be closed, for non-representation, and the accused party would go free.

2. The minimum reserve price of the property for auction, is set by the Auctioneer and the Court has no role to play in the same. The court can order the state govt. to seize the property, till further orders. There is no way the Auction can go ahead, IF there are no bidders at the Auction.

3. Apply to Court, to issue look-out-notice, for the accused (based on non-serving of summons to accused by police). This notice would ultimately bring results.

4. For possession of duly purchased land, you can get appropriate orders /directions, from the Civil Court, to the Police to seize by conducting panchnama proceedings and handover to you, by following due procedure of law.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can plead before court to lower the reserve price based on the earlier auction response. The court may lower the reserve price and put property for auction again.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Apply to court to issue order to give you the possession of the property. 

It can be done. It is the easiest way and within your legal right. 

Claim compensation for the period of delay in giving you the possession of the property. 

Or if you want to continue the auction route, tell court to fix the reserve price close to the market price  of the property to be auctioned. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. In the auction if more value than the decreetal amount is recovered then after adjusting the costs the remaining money is to be paid to you.

Reserve price means the buyer can not quote price less than 35 lakhs. The excess money is to be paid back to you.

So file petition in court so that remaining money may not be usurped by the plaintiff. 

Devajyoti Barman
Advocate, Kolkata
22817 Answers
488 Consultations

5.0 on 5.0

Hi,

It  is to be considered that the interest is also to be calculated on amount of Rs 20 lac from the date of payment by your father to that man at minimum or nominal rate of interest. If it is calculated the amount due will be very high and not only 20lakh. Further, if the coat of plot is more than that due, same will be returned to that man.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You have many options but it requires detailed perusal of documents of court proceedings. As probably Mr ajay also said the same. 

I'm not able to understand that why the property went to auction. Probably you applied for recovery and not possession. Anyway, the options are there but I will advice to meet a lawyer and discuss. In messages you will not get appropriate replies. 

Regards

Gopender

 

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

1. You can file an application in the court to set a lower price but the courts in such matters go by the valuation report. If the valuation report values the property at 35 lakhs then court will not reduce it.

2. The maximum that could happen in your case has already happened. Now if no one comes forward to buy the property at auction then court is helpless.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Can you arrange mediator in this case on the basis of court order and solve you case. That you know you're ready for  20 lakhs but other party do not know it. 

 

Get the legal mediator who works for real estate in your area. Rest of the things you have a past experience with you about system.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Legal heirs can pursue criminal case in case of demise of complaint.  Now valuation report will come of more higher price. 

When auction failed due to high price, court can order reduction of base price.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

- As per law, you can move an application before the court for conducting of a fresh auction after reducing the amount of acuction , so that the amount can be recovered from the same. 

- Further, for transfering the proceed amount into the account of your mother, your lawyer should brought the legal heirs before the court, after moving an application for same ,with amendment memo of parties, with death certificate of your father. 

- Once, your mother wiil be substituted , then the amount can be directly transfer in her account. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

You can  pay off the amount else it will be auctioned and remaining amount will be paid to you

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

you can pray before court for auction again. return the excess sale amount to defaulter. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You have to continue the suit as legal representative of father and file execution of the cases. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The auction bid amount cannot be reduced to a rate lower than the market price or the government guidelines value.

Upon your father's intestate death the property left behind by him hall devolve equally on all his legal heirs, hence you legal heirs have to continue this case as per law.

The property cannot be transferred to your mother's name without the other legal heirs executing a registered release deed in her favor.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

Once the property is sold for the price as set by the court, then from that amount you will get your due amount and balance will be handed over to the debtor.

What is your problem about it, why should you insist on the due amount alone, the proeprty will fetch a higher amount and the balance amount shall be given to the owner of the property.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

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