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Pending dues on property in bought from bank auction how to claim
28-Sep-2023 (In Consumer Court Law)
Property bought from Andhra Bank, Visakhapatnam Maharanipeta branch and sale certificate mentioned property was made free from all encumberances known to Andhra Bank. Auction notice it was mentioned Two Floor's building for sale. But I found No plan approval for the building and Property tax arrears amounting to rupees one lac including penalty charges for non approval building plan. Building Penalisation Scheme for regularising the building plan One lac Thirty thousand fees was paid and property tax arrears one Lac was paid by me and having all the receipts. These amounts is it a responsibility of Andhra Bank to reimburse to me. Thanks and looking for your reply
Properties under Bank Auctions are sold on “As is Where is & What is
There is Basis” which implies Bank does not take any responsibility regarding Title of the property i.e. on encumbrance front, No liability of Bank. In the event of any legal dispute or any other claim on property, Bank does not indemnify the buyer from same. The complete responsibility of encumbrance rests with Buyer for auctioned properties.
Whereas in normal sale deeds, buyer can put a clause where the seller indemnify the buyer legally from any encumbrance on property prior to date of property registration therefore buyer is safe from all encumbrances prior to purchase.
Most important point is to insist the bank that Original Borrower of the Property, whose property is being auctioned by bank should become the “Confirming Party” in your Sale Deed / Registration with the bank so that in future he should not file case in court to cancel the auction.
It is always advisable to take help of Local Competent Professional Property Lawyer before participating in Bank Auctions as he can help you in understanding the rules and regulations. He can also help you to check Property Title and encumbrance on property
http://www.bps.ap.gov.in/BPS/Downloads/FAQ-BPS.pdf
See the above link for other Queries
You better approach the bank and file a grievance over the arrears. Try to get proper evidence and see your terms of auction and whether bank is under liable clause or not. Lastly if the problem doesn’t clear out file a case in Consumer Court and claim for damages for Non- Disclosure of information & Clerance of Dues.
There is Basis” which implies Bank does not take any responsibility regarding Title of the property i.e. on encumbrance front, No liability of Bank. In the event of any legal dispute or any other claim on property, Bank does not indemnify the buyer from same. The complete responsibility of encumbrance rests with Buyer for auctioned properties.
Whereas in normal sale deeds, buyer can put a clause where the seller indemnify the buyer legally from any encumbrance on property prior to date of property registration therefore buyer is safe from all encumbrances prior to purchase.
Most important point is to insist the bank that Original Borrower of the Property, whose property is being auctioned by bank should become the “Confirming Party” in your Sale Deed / Registration with the bank so that in future he should not file case in court to cancel the auction.
It is always advisable to take help of Local Competent Professional Property Lawyer before participating in Bank Auctions as he can help you in understanding the rules and regulations. He can also help you to check Property Title and encumbrance on property
http://www.bps.ap.gov.in/BPS/Downloads/FAQ-BPS.pdf
See the above link for other Queries
You better approach the bank and file a grievance over the arrears. Try to get proper evidence and see your terms of auction and whether bank is under liable clause or not. Lastly if the problem doesn’t clear out file a case in Consumer Court and claim for damages for Non- Disclosure of information & Clerance of Dues.
Helpful?
35+
35+
Adv. Abhishek Thommandru
Visakhapatnam | 25+ Answers
CONTACT NOW
HI,
sir it is the responsibility of the bank at least to inform you about the dues before auction. this is a clear case of deficiency in service and you can approach concerned district forum for your redressal. court/ forum will consider your case based on the evidence you are having and pass orders and award compensation to you.
you can directly approach the forum/ court no advocate is required and forum will hear you directly.
so, please keep all your documents ( bills, receipts AND any communication with bank) and make an application to forum.
the time limit for application to the court is within 2 years from the date of auction.
nominal court fee of 500/- has to pay to the forum.
all the best
sir it is the responsibility of the bank at least to inform you about the dues before auction. this is a clear case of deficiency in service and you can approach concerned district forum for your redressal. court/ forum will consider your case based on the evidence you are having and pass orders and award compensation to you.
you can directly approach the forum/ court no advocate is required and forum will hear you directly.
so, please keep all your documents ( bills, receipts AND any communication with bank) and make an application to forum.
the time limit for application to the court is within 2 years from the date of auction.
nominal court fee of 500/- has to pay to the forum.
all the best
Helpful?
37+
37+
Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
CONTACT NOW
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