Hi
If you are buying the property in an public auction by the bank under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, you will get absolute title to the property after the payment.
Please be informed that NO CIVIL COURT/ HIGH COURT can interfere in the proceedings under SARFAESI Act. So if the family members of Mr.X are claiming ownership, it is almost next to impossible to get a stay from the court when the asset is declared to be sold through SARFAESI. Even if they succeed in getting a stay order by a remotest chance of 1%, the bank will need to refund you the money with interest within 3 months from the date of such stay.
In order to convince you further on my view, please refer to Mardia chemicals case Mardia Chemicals Ltd. Etc. Etc vs U.O.I. & Ors. Etc. Etc on 8 April, 2004, CASE NO.: Transfer Case (civil) 92-95 of 2002.
In Mardia Chemicals, the Supreme Court held that “to a very very limited extent, the jurisdiction of the Civil Court can also be invoked” (at para 51, page 2392). The limited exception which is carved out by the Supreme Court is where the action of the secured creditor is alleged to be fraudulent or where the claim of the secured creditor is so absurd and untenable that it would not require any probe whatsoever.
These observations of the Supreme Court emphasize that the exception which is carved out is a limited exception. Like all exceptions, this exception must be strictly construed. A borrower or a third party cannot be permitted to defeat or to render nugatory the provisions of the Act merely by a stray reference to an allegation of fraud .
So in your case, the claims of Wife, Sons and Father of X will be negated unless and until there is a fraud committed by the bank. To my knowledge, banks are responsible to nation and they will not indulge in such fraudulent activities, especially with Debts Recover Tribunal which is headed by Retired High Court Judge.