if you have bought property on as is where is basis you would not get any reliefs from court
2) you ought to have done due diligence before purchase of property
Property declared as temple land after Jan 2017
The property that I bought was an e auctioned property on Feb 2019 by the nationalised bank was recently notified as 'Temple property' ,but while mortgaging on 2015, there was no issue on property as temple land and hence the advocate of the bank accepted the documents with full scrutinisation.and consequently the bank sanctioned the loan, Moreover the bank which gave the loan is far away from the place of property and it would not known the property land has come under the temple land as on now.Hence i think I can not file a suit against. On the date of e auction 27-01-19,if they knew the land belong to the temple, can i file the .suit against the bank in this circumstances?
Asked 6 years ago in Property Law
Religion: Hindu
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7 Answers
Bank must have known but it will disclose to public, why anyone will buy. Suit will file agasint bank only that they sold you property declaring commercial/residential property which was in actual MANDIR MAAFI property. Pray for refund with interest.
You can claim the damages from the bank through consumer court
How can the property become a temple asset all of a sudden? After it was mortgaged to the bank in 2015, the fact would have been reflected in the EC. How did the temple acquire the property subsequently, knowing about this encumbrance? Or, if it was already owned by the temple, all relevant records and due enquiries would have certainly revealed the fact, which the bank's advocate would have noticed. In any case, the bank is duty bound as the vendor in the Sarfaesi sale to protect a genuine buyer's interests. In order to establish the fact that the bank was aware of all relevant facts at the time of auction, you may call for the bank's internal note for bringing the property for sale, under the RTI Act. After arming yourself with the necessary evidence, proceed to file an application before the DRT for setting aside the bank's sale and refund of the auction money paid with interest.
file an application before DRT and claim refund of money along with interest.
You can very well file a suit against the bank for playing fraud on you and selling the property fraudulently hence to cancel the sale and return your sale consideration amount with interest.
It is not your mistake if the bank suppressed the fact and sold the temple land even though it was mortgaged to bank for loan, the bank has to blame its legal adviser for not properly scrutinising the title documents. This property cannot become temple land all of a sudden, this would have been temple land for several decades, hence it is the duty of the advocate to give proper legal opinion while recommending the mortgage loan.
Yes you can file the suit against the bank for recovery of your deposits with interest.
Even if they doesnt know that you can file the suit against bank. They should have confirmed the land position before putting it to auction.
