It is fraudulent sale. Lodge FIR against all the person involved

File civil suit against all the person involved to refund the payment made by you and claim appropriate compensation.

Do not delay. First criminal case then civil.

You need to contest the case in DRT. They will come for physical possession. You need to seek a stay bt establishing aforementioned facts

Allahabad HC has held in the case of 

securitisation application under Section 17(1) of the Act is maintainable only when actual/physical possession is taken by the secured creditor or the borrower loses actual/physical possession of the secured assets. Once the right to approach DRT matures and securitisation application under Section 17(1) is filed by the borrower, it is open to DRT to deal with the same on merits and pass appropriate orders in accordance with law.

2) 

The Hon'ble Supreme Court (SC), in its recent decision in the matter of M/s Hindon Forge Pvt. Ltd. & Anr. v State of Uttar Pradesh [(Civil Appeal No 10873 of 2018 along with Civil Appeal No 10874 of 2018)] (Appeals) held that a borrower can prefer an application under Section 17(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (Act) even before physical or actual possession of secured assets is taken over by banks/financial institutions in exercise of their powers under Section 13(4) of the Act read with Rule 8 of the Security Interest (Enforcement) Rules, 2002 (Rules).

3) you can under Section 17(1) of the Act, prefer an application to challenge these measures even at the stage of constructive possession by the bank/financial institution.

4) take the plea that you are bonafide purchaser of value and seek stay against physical possession being taken by bank 

You need to contact mandal officer and check all original documents of previous sale deed of xyz from original land owner and builder.

If you have original papers and have the property came into role and as per limitations act the Maharashtra gramin bank, were sleeping till date.

You can go to DRT. But there is no merit in approaching DRT .

File criminal case immediately. It is a fradulent sale. File civil case as advised earlier. you should move in right direction. 

- As per banking rule , when the bank sanctioned loan against property , then the bank kept the origional property documents in its safe cusody , to secure that the borrower could not sell the said mortraged property further. 

- So, how the borrower sold the said property to 2nd person , without getting origional one from the bank , and also without the permission of the bank . 

- By doing so, the borrower has committed offence , and the bank is also responsible for the same, as how they are trying to take possession after a gapping period of 5 years of NPA. 

- Since, you are a  bonafide purchaser, and now you become a victim of conspiracy , then you should lodge an FIR against the first borrower and bank as well. 

-  Dont vacate the house , and further approach the DM with the said FIR , and  you can also file a civil suit for stopping the proceeding of DM as well. 

1. Mortgaged property can not be sold without the consent of the mortgagee. 

2. In your case, fraud has been committed by the first seller by selling his mortgaged property to the buyer  making the said sale deed void at law. You should have collected all the link deeds to be ensured that the property has not been mortgaged. There are huge numbers of such cases found in Kolkata wherein innocent buyers have been cheated by unscrupulous brokers/sellers.

3. For the above reason, all subsequent sale deeds are also void at law.

4. Lodge criminal complaint to police against the said sellers of the property and also file a Money Suit against the person from whom you had purchased the said property..

5. The Bank has taken symbolic possession and will now go for physical possession to be taken by the DM against the application to be filed by the Bank u/s14 of the SARFAESI Act,2002.

1. This possession notice issued u/s13(4) of the SARFAESI Act,2002 is for symbolic possession.

2. Physical possession will be taken by the Bank through the DM u/s14 of the Act as explained in my earlier post.

3. Lodge the police complaint immediately and file the Money Suit as advised in my earlier post.

They have made symbolic possession by affixing the notice on the building.

You may have to approach the civil court seeking injunction against the lender bank for this action since you are not aware of any such transaction of the past in respect of this property.

What were you doing for more than two months after the bank has affixed the notice on your building.

Your lethargic attitude may cost you more and it may even turn fatal to your case hence initiate proper legal action immediately.

What is the limit are you talking about.

You should have taken an action immediately when they served you notice.

You are still wondering what to do about it without taking any legal steps.

If they initiate process for physical possession anytime, you may not be able to defend yourself especially when you have not taken any legal steps so far in this regard.

At least now you contact an advocate in the local and proceed as per the advice and the suggestions made.

Bank will take possession today or tomorrow . You arrange for some alternative arrangements. You can not fight the case against the bank.

In extreme circumstances police will evict you. Understand the situation. You are given some time so that you can shift somewhere. Bank can take the possession even today. Try to understand this. Otherwise one morning you will find bank people have come with police to take the possession.

If required consult some local advocate.

Further note that only a borrower can approach DRT. Since you are not a borrower, you shall have no locus standi to approach DRT. You are a stranger to the loan recovery process. 

I therefore again strongly advise you to take right steps in this regard. Engage one lawyer to confirm from DRT whether you can approach DRT under the given circumstances. 

Kindly note that you may be a Bonafide purchaser but that alone can not be a defence at the cost of lawful claim of other party , here the bank.

Take the matter seriously. You need to take prompt action in right direction.

Without taking any action you had been wasting your precious time. 

Even now you can approach DRT for relief and remedy. 

Civil court has no jurisdiction 

2) you have to file application in DRT and seek orders to restrain bank from taking physical possession of premises 

Act as mentioned herein above 

Buyer beware - responsibility of buyer to check any encumbrance before purchase. Successive sales after mortgage are illegal.

For interim relief appraoch DRT for stay otherwise you will be evicted through support of police after 60 days. You  an be evicted anytime.

DRT has jurisdiction to stay proceeding under SARFESAI ACT.

Also file FIR against seller.

1. What the citation of Mardia Chemicals will do in the instant case?

2. DM will pass order directing one of his assistant to take over possession of the mortgaged property with the help of police and handover the same to the Authorised Officer of the lending Bank. You may not be able to see the DM's order at all.

3. You can file a S.A. (SARFAESI Application) before the DRT within 45 days from the date of receipt of the possession notice u/s13(4) of the Act or after being dispossessed from the mortgaged property by the DM and in that case you shall have to lodge a police complaint about the dispossession from your house with police help immediately after being dispossessed and 45 days will be counted from the date of the dispossession as recorded with the police.

4. Civil Courts will not entertain any case filed against action taken by the lending bank as per SARFAESI Act,2002.

you have the liberty to approach the High Court to get a stay order till next date of listing before DRT. In the Stay Application challenge the notice which has been pasted by the bank . 

You should file a suit for stay over possession. Notice by DM and file suit against previous owners for clearing the loan of bank taken by him. 

The indemnity clause of sale deed will make previous owner liable for dues which was not paid by person from whom he purchase the property.

The DM will issue fresh notice to you for taking possession of house.

Yes you can only seek stay in DRT even writ petition is not maintainable