LawRato

How to get possession of the flat


14-Aug-2023 (In Property Law)
 My flat was illegally auctioned without my consent by the bank and court order for non payment of loan in 2004. However the buyer has bought it through a company and the building society does not accept company as a registered member(As per by-laws of society). Hence the share certificate is not transferred. I have tried to settle with the buyer but he does not agree.Can i take possession of the flat. What are my remedies??
Answers (2)

Answer #1
827 votes
1-the auction by a court is fully legal .
2- since the flat has been sold off , you have no right /interest /title what-so -ever with the flat .
3- the dispute is between the buyer and the society and you have nothing to do with it
Helpful? LawRato LawRato
Answer #2
769 votes
The facts you have stated is not very clear. But, on the basis of limited information you have provided and from which I can understand, I will state to the best possible I can. First, Bank must have followed due process of law, which we need to verify. Second, what were you doing since 2004 and are you still in possession of the property? You will have to provide all the documents and details to me, then only I can guide you in right direction. You can call me and take my appointment and visit my office for consultation.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."