Legal Question in Civil Litigation in India
pnb bank authorised officer entered into triparte agreement for sale of immovable property in collusion with borrower and new purchaser under sarfasei act. The property already sold to us in the year 2000 itself with possession.right now possession is with us.new purchaser got sale certificate on 9.6.2008. and filed a civil siut in the fast track court at coimbatore to declare our sale deed null and void and delivey of possession to him. the original seller not filed any suit till now.the sale certificate issued under sarfasei act without following any norms of securitsation act. since 3 years case is pending and for completion of 3 years is going to end within 20 days.in this stage should we must file civil suit in the district court for fraud and collusion on all of them is necessary or we will get judgement through the same suit filed by the new purchaser will do.moreover property is in nature agrilcultural land a fram house.
we filed a writt in the madras high court as sale certificate issued by authorised bank officer to be declared as null and void in the year 2009 and got a stay not to take possession.is pending for trial.Advise us whether it is must to file a civil suit for fraud and collusion in the district court.we have to pay huge stamp duty.The period is going to lapse so kindly advise we are totally confused.
2 Answers from Attorneys
you queries need some details consultation so it is better to contact me in my number 09874753359.
i think writ and stay wuld help as u have to pay heavy stamp duty u can aviod that and if this is not your concern u can file a case for fraud too.
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