Purchased property through online auction, Tenants trying to occupy
02-Oct-2023 (In Property Law)
Purchased through online auction property in December 2014.Sold by allahabad bank.Borrowers filed Writ petition in high court after confirmation of sale but no sale certificate was isssued. High court disposed off the petition and directed to approach DRT. DRT heard the case and reserved for order, couldnt find any fault with bank and its proceedings.Got OPDRT from high court.DRT in its order gave the borrowers 15 days time to remit money and redeem the property. Borrowers failed to honour it and bank proceeded with the sale and issued sales certificate in my favour Mar 17.The registration of property was also done in april 2017.Mutation of the property couldn't go ahead as the tenant in the house was hostile.Case for evition of tenant is pending at CJM and has appointed a commission.Long after the registration borrowers filed a writ petition in High court & likely to give the borrowers one more chance to redeem the property. Plz advice
Hi,
In this case, legally, at this point of time you have to appear in the High Court through an advocate and defend the pending case filed by the tenant in the Hon'ble High Court and try to dismiss that case. Then you have to effect the execution proceedings and get that property mutated in your name.
Regards,
PT Sheejish,
Advocate,
Kochi.
In this case, legally, at this point of time you have to appear in the High Court through an advocate and defend the pending case filed by the tenant in the Hon'ble High Court and try to dismiss that case. Then you have to effect the execution proceedings and get that property mutated in your name.
Regards,
PT Sheejish,
Advocate,
Kochi.
The facts posted suggests that, at present, there is no encumbrance on the property; the sale certificate is absolute. The pending High Court matter is of no consequence so long as no interim stay or order is issued. The continued occupation of the tenant need to be dealt with in terms of the Rent Control Law. The Commission appointed by the CJM has only a limited brief restricted to the matters it has been authorised to investigate and ascertain.
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