• Did collector order put me out of my house

I had a buying agreement from the owner of the house and I am staying in the house does 10 years now house owner has a loan on the house and never pay the installment on time it's with icici Bank and bank get the order from collector to put to possess the property so will Bank me put out ofor my house.
Asked 1 year ago in Property Law from United States
Religion: Hindu
1) did you pay full consideration to seller ? 

2) was registered sale deed executed by seller in your favour ? 

3) you will have to file application in DRT that you are bonafide purchaser of value and to challenge order placing bank in possession of the property 
Ajay Sethi
Advocate, Mumbai
45738 Answers
2692 Consultations

5.0 on 5.0

Yes it will, to preempt which you may move the Debt Recovery Tribunal for a stay order on the taking of possession by the bank which may be granted if you deposit a substantial portion of the amount due
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

If the property is mortgage then bank can initiate legal action against him and take possession of the house but being a bonafide purchaser you may file a criminal complaint against the previous owner for cheating andvalso file an objection before DM or CJM if the bank file any application under section 14 of Sarfaesi act for possession of house with police help. Without due process of law you can not be evict from your home.
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
4867 Answers
222 Consultations

4.9 on 5.0

1) There are a few more details that are required to understand the exact situation you are in. Whether you have entered into a registered sale agreement with the seller, if it is not why haven't you demanded registration, what. Proof you have of payments made to him.

2) It appears from your descriptions that the bank is  proceeding with recovery and it can get you evicted provided an order has been obtained from competent arbitrator or a court.

3) To what extend you can refuse to vacate depends largely on the Agreement you have. You can approach the court to get a stay on the current proceedings to avert   your instant eviction.  

4) Engage a lawyer locally to assist you take immediate steps. After going through available documents he will be able to assist.  

S J Mathew
Advocate, Mumbai
2252 Answers
110 Consultations

5.0 on 5.0

1. It appears that the owner had mortgaged the said house by depositing the original title of the house while taking loan from ICICI Bank and had illegally sold the said house to you after mortgaging it and you have not demanded handing over of the original title deed of the house standing in his name when you had purchased his house,

2.As per law, mortgaged property can not be dealt with by the mortgagor without the written consent of the mortgagee, being the ICICI Bank herein,

3. The Bank had definitely pasted possession notice u/s13(4) of SARFAESI Act,2002 on the mortgaged property being your house,

4. Now since the Bank has already got DM's permission for taking possession of the mortgaged property with police help by applying u/s14 of the Act, it will now take possession of your house with police help and will ask you to take out your belongings. If you refuse to take out your belongings, the Bank will record your Articles in a Panchanama prepared with a third party,

5. It appears that you have been cheated by the earlier owner who has illegally sold his mortgaged property to you,

6. Lodge a police complaint against him under copy to the local S.P./D.C.,

7. If police fails to act, file a Writ Petition against police for its inaction seeking justice,

8. Also file a Money Suit claiming refund of the money paid to him with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
18547 Answers
449 Consultations

5.0 on 5.0

You are protected under tenancy rights and laws.  
You can fight it out if you are given notice or you can aproach court with an injunction suit or the DRT under sarfaesi act.
T Kalaiselvan
Advocate, Vellore
35910 Answers
390 Consultations

5.0 on 5.0

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