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One property with two registrations what to do.


27-Dec-2023 (In Property Law)
my father bought residential building on 19/12/15 from ABC who was in debt and since he couldn’t pay the dept,the building was a debt recovery asset of bank. A bank recovery agent told ABC that his house will not be auctioned if he pays the debt through him. So my father gave the money to the recovery agent and ABC and all of the paper work(including the original papers of the building and the original) was done . but on 2/01/2016 my father was informed that the bank has auctioned the building to XYZ in Aug-2015. but the key points here are- • the registry of the the building by XYZ was done on 31/12/2015 where as the registry by my father was done on 19/12/2015. • the bank didn’t placed any notice at the building prior to auctioning and neither after the auctioning. • the original papers of the building are with my father. • whereas XYZ has filed a complaint of lost of the original papers on 05/01/2016 that the papers were lost on 04/01/2016 .
Answers (2)

Answer #1
696 votes
You can lodge an FIR against the bank officials making the ABC/XYZ party in that based on the documents you have. Do you have the receipt of the bank receiving the debt amount and clearing off the loan?
Answer #2
799 votes
You have to file a injunction suit with cancellation of xyz sale deed with the evidence that you have paid the bank loan dues already to bank recovery agent and you have prior sale document than xyz. You can also file a fraud criminal case against recovery agent and bank.

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