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UI Recently won an auction and i have paid the whole amount. the borrower took loan from axis bank in 2015 and then got an sale registered agreement in 2018. Now in 2026 the bank auctioned it and gave me the sale confirmation letter. the borrower has put a SA in DRT and the case is going on for the last 6 months. Is it problematic to buy this property ? all the original papers and physical possession is with the bank . will i have problem registering it ? Please help
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DLawyer here. Since the bank has original title documents and has already taken physical possession, your title through the auction sale is generally stronger. However, the pending SA before the DRT is still a litigation risk because the borrower may be challenging the auction process, valuation, notice compliance, or possession proceedings. Registration may still proceed if the bank executes the sale certificate properly, and a registered sale certificate issued pursuant to a SARFAESI auction usually does not require a separate sale deed.
Before proceeding further, you should get the entire DRT case file and auction documents independently vetted by a local property lawyer. It would help you understand whether any stay order exists or whether there are procedural defects that could later complicate possession, mutation, or resale of the property.
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