Legal Question in Real Estate Law in India
Bank auction of immovable property
I'm planning to buy a property in Bank auction, for which the original borrower has defaulted.
1. What are the legal issues that i need to be care full about while doing this kind of transaction.
2. Weather the bank is liable to provide the possesion of the property to me after i win the auction.
3. what legal action can the original borrower take after the auction is complete
4. After winning the auction, to get the property registered in my name - do i need the signatures of original borrower as he id the owner of the property as per sale deed or the bank will issue some order in which case i dont need to get in touch with original borrower.
3 Answers from Attorneys
Re: Bank auction of immovable property
1. you are required to be causious whether the orginial owner has earlier not made the sale or mortgagethe proeprty to any third or fourth party.
2. normally the banks do not bother after the auction of the property to put the auction purchaser in the possession although they are legally liable to? in some cases , the bank auction the proeprty , but they fail to put the purchaser in possession as their might be some other person in possession.
3. you do not require the signatures of original owner.
Re: Bank auction of immovable property
Since it is a commercial transaction involving complicated questions of facts, you may want to personally contact an Advocate alongwith all the documents and engage him for appropriate guidance.
Re: Bank auction of immovable property
Generally bank offer the property in auction on "as is where is" basis without any responsibility towards title and other issues.
Further, the defaulting borrower generally keep creating some hurdles.
Be careful and thoroughly investigate and be satisfied about marketability of title, pendency of any litigation and peaceful use, occupation, possession and enjoyment of the property.
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