Auction sale and physical possession
I had purchased a property along with my family member who is now dead (joint owners) from the bank auction 4 years ago and I have still not received the physical possession of the property but in the sale deed its clearly mentioned that the possession has been handed over which clearly isn't the case.
Details of the case.
1. the property was purchased in 2019 from a co-operative bank under the sarfaesi act with the clause of "As is, where is"
2. But the President and the bank manager promised to give us the possession as there was an on going case for the same.
3. The case is still in court from the past 5 years and we have still not received the physical possession.
4. In the sale deed registered to us, its mentioned that the possession of the schedule property has been handed over.
5.the borrower/ defaulter/ previous owner is still in possession and is not allowing us to enter the property. there are certain changes made to the schedule property without our consent and have been harassed by the family members of the defaulter who stay next door. They have been using our side of the property as their own.
6. We feel that the bank and the borrower are hand in hand with each other. and playing a game with us. (Is there any relief for us in this situation).
7.We have given a letter to the registrar of the co-operative society as well.
My questions are :
1. Can I claim any compensation/ damages/ certain percentage on the sale amount for not handing over the possession of the property.
2.Can I as an auction purchaser file a case of eviction of the defaulter along with other tenants living there, harassment of third party and unauthorized changes made to the property without my consent.