- This topic has 18 replies, 6 voices, and was last updated 1 year, 4 months ago by
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UThis will be a long story. But I am really devastated so want to know what to do:
3 years back my father bought a property [land + house] from a bank auction. Auction was done by Bank of India. At that time we had no idea that bank didn’t had physical possession of the land. After buying, we got to know about the situation, however bank assured us that they will soon get the possession. First they said they need signature of the collector. He asked for bribe which was 1% of total cost of the property ie 1.3L as property cost as 1.3Cr. We didnt give, so bank told us they will go the court to get possession. Case was filed against the defaulters who are still currently residing in the house in the CJM [Chief Judicial Magistrate] court. Bank assigned a lawyer [L1] who is prolly the worst I have seen in my life. We submitted all the necessary documents, however always at every court date there was Note: Submit documents to court at the next hearing date. The clerk told the lawyer that they lost/misplaced our documents thats why we were getting the “Document not submitted”
This went on happening for 3 years till recently. My father didnt see much into the case as he left everything on the bank to do. The lawyer said to us he isn’t able to handle the case and that he will assign the task to another lawyer [L2] and asked us to give 40K to that lawyer, my father hesitated a bit, so he asked us to pay 20k, which we did. Now our next date was yesterday, on 14th of Feb,2025. I specifically forced my father to go and I also went with him. We learned that L1 lawyer told us a lie cause he wanted to take money from us without directly accepting money from us even though he will get money from the bank post completion of the case. Today bank officials also came and they gave some money to the clerk and he suddenly took out all our documents and deposited it. It was verified and then submitted. L1 told us on monday we will get our next hearing date and we will probably get our possession on that date.
My question: What cesspool of a mess is going on? Will we actually get our property? Will the bank give interest on the 1.3Cr that it took from us without handing over the possession for this 3 year long time. And after getting our property, can we sue the bank?What other things should I keep in mind moving ahead or after getting possession? Also after getting possession, if the previous owner doesn’t vacate the house, what action can we take?
I know this is a lot, but please someone help us out. I am writing this post at 3:00Am in the morning,
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UMan, my father is 58 now, and we had to sell our ancestral land to get money to pay for the house. All our savings have also been used up. We are in a joint family, so my father’s elder brother is taking care of us. Our only source of income is the money that we will get when our FD matures. I am preparing for my PhD interviews. Life is s**t man.
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SGet a job as soon as possible, everyone is corrupt, try to move out of India ASAP.
Sorry not able to give any suggestions to the original post but I feel for you.
Useless country we are in, going from bad to worse and I have given all the hopes.Vishgooru my @#$
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UVishvaguru population is deported with Handcuffs and shackles.
Vishvaguru is selling public data for money. https://www.indiatoday.in/india/story/govt-shared-vehicle-data-with-private-companies-earned-rs-100-crore-nitin-gadkari-1768607-2021-02-12
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SIt is incumbent on the bank to handover possession of the land to you.
You can send a legal notice to the bank asking for cancellation of the sale and repayment of the money with interest. The money will include all costs like purchase & registration.
However all this may be subject to the auction terms and the sale agreement. A lawyer on perusal of the documents can help.
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UWe don’t want to actually lose the property, as the property value is worth around 2Cr, and we got a nice deal in the auction. We just want the property so that we can start renting out the property, and get some passive income flowing.
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CDid you verify the property through a site visit before the auction? Most of these properties are listed under “As is”, meaning they are sold under whatever condition they are, at present.
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UWe used auction tiger to find the auction. We went to see the property after we won the auction, so No we didn’t verify and that was our mistake. This was the first time buying a property from an auction for my father. Then we checked if there were any ownership frauds, which there wasnt any.
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CHire an advocate asap and try to recover charges from the bank. That seems like your only way forward.
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UWe were thinking that, like after we get possession of our property, we will sue the bank for interest on our principal amount for how many years we didn’t get possession.
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UWe are just pressuring the bank and the lawyer to get the possession. We have already given money to the lawyer and he’s saying that in the next hearing, we will get possession. We also gave money to the clerk.
Edit: No we haven’t filed a case, and who would we file against, the bank? We are afraid that the bank then might not handover possession at all and would refund the money to us.
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C>We have already given money to the lawyer and he’s saying that in the next hearing, we will get possession. We also gave money to the clerk.
Is this the Bank’s lawyer & clerk?
Pls hire your own advocate & move against the bank. You verbally negotiating with the bank vs moving against them in court are 2 different things
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CWhy did you pay the banks lawyer when you are to go against him in court?
What was the demand made from the bank lawyer?
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UWe are not planning to go against him, atleast not for now till we get possession. And I have wriiten the reason as to why we paid in my post, he told us that he is not able to handle our case and that he is allocating that task to another lawyer and we have to pay 40k to that other lawyer, when we pleaded he said to give 20k to the other lawyer. Yesterday we learnt that there’s no other lawyer and that the other lawyer was just a mediary through which he took money for himself.
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C>Yesterday we learnt that there’s no other lawyer and that the other lawyer was just a mediary through which he took money for himself.
PRECISELY! He has already scammed you! He’ll continue to do so till you wise up & hire your own advocate!
He’s there to protect the interests of the bank, not yours!
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