Hello Sir, My dad recently passed away. He had a pending case in the trial court and high court. He bought a small land/plot from someone but the person never gave possession to him of the property. He filed the case and court-ordered an arrest warrant against the person but the corrupt Indian police never arrested him. court also order to auction one of his other property but no one came forward to buy his property. Now my question is what are my options now? the attached property value is higher than the amount he owed to my father. Can I ask the court to reduce the amount for auction since no one bought in the earlier price set by court? is it possible that the court can put the same price as he owed money to my dad so that in auction property can directly transfer to my mom's name? thanks for your help. really appreciate!.
What is reserve price fixed in auction ?
ws any valuation report prepared
property cannot be sold lower than reserve price
you can request court for fresh valuation report of the property then only reserve price can be lowered
it is necessary to peruse court others passed to advice further
Thanks for responding Ajay! Reserve price was 35 lakhs. The person owed my father 20 lakhs I didn't get what do you mean by "it is necessary to peruse court others passed to advise further " If fresh valuation report of the property comes again at the same price 35 lakhs, How can we resolve this issue? how can we get only 20 Lakhs out of 35 lakhs? there must be some way. is there any other option, we have it.
I meant was necessary to peruse court orders
2(property would be placed again for auction
3) on sale of property the surplus if any would be paid to defaulter
See if in auction no body turned up or made a bid the court may lower the Reserve price necessarily not the amount he owe to your dad but as per valuation of the property.
Further kindly attach the order of court as it has to be seen for better understanding and further advising you properly.
1. FIRSTLY, One of the Legal Heir has to be brought on court record (in place of Father), in both the cases, so that matter in court can be represented properly, FAILING which the case would be closed, for non-representation, and the accused party would go free.
2. The minimum reserve price of the property for auction, is set by the Auctioneer and the Court has no role to play in the same. The court can order the state govt. to seize the property, till further orders. There is no way the Auction can go ahead, IF there are no bidders at the Auction.
3. Apply to Court, to issue look-out-notice, for the accused (based on non-serving of summons to accused by police). This notice would ultimately bring results.
4. For possession of duly purchased land, you can get appropriate orders /directions, from the Civil Court, to the Police to seize by conducting panchnama proceedings and handover to you, by following due procedure of law.
Keep Smiling .... Hemant Agarwal
You can plead before court to lower the reserve price based on the earlier auction response. The court may lower the reserve price and put property for auction again.
Apply to court to issue order to give you the possession of the property.
It can be done. It is the easiest way and within your legal right.
Claim compensation for the period of delay in giving you the possession of the property.
Or if you want to continue the auction route, tell court to fix the reserve price close to the market price of the property to be auctioned.
1. In the auction if more value than the decreetal amount is recovered then after adjusting the costs the remaining money is to be paid to you.
Reserve price means the buyer can not quote price less than 35 lakhs. The excess money is to be paid back to you.
So file petition in court so that remaining money may not be usurped by the plaintiff.
Hi,
It is to be considered that the interest is also to be calculated on amount of Rs 20 lac from the date of payment by your father to that man at minimum or nominal rate of interest. If it is calculated the amount due will be very high and not only 20lakh. Further, if the coat of plot is more than that due, same will be returned to that man.
You have many options but it requires detailed perusal of documents of court proceedings. As probably Mr ajay also said the same.
I'm not able to understand that why the property went to auction. Probably you applied for recovery and not possession. Anyway, the options are there but I will advice to meet a lawyer and discuss. In messages you will not get appropriate replies.
Regards
Gopender
1. You can file an application in the court to set a lower price but the courts in such matters go by the valuation report. If the valuation report values the property at 35 lakhs then court will not reduce it.
2. The maximum that could happen in your case has already happened. Now if no one comes forward to buy the property at auction then court is helpless.
Can you arrange mediator in this case on the basis of court order and solve you case. That you know you're ready for 20 lakhs but other party do not know it.
Get the legal mediator who works for real estate in your area. Rest of the things you have a past experience with you about system.
Legal heirs can pursue criminal case in case of demise of complaint. Now valuation report will come of more higher price.
When auction failed due to high price, court can order reduction of base price.
- As per law, you can move an application before the court for conducting of a fresh auction after reducing the amount of acuction , so that the amount can be recovered from the same.
- Further, for transfering the proceed amount into the account of your mother, your lawyer should brought the legal heirs before the court, after moving an application for same ,with amendment memo of parties, with death certificate of your father.
- Once, your mother wiil be substituted , then the amount can be directly transfer in her account.
You can pay off the amount else it will be auctioned and remaining amount will be paid to you
you can pray before court for auction again. return the excess sale amount to defaulter.
You have to continue the suit as legal representative of father and file execution of the cases.
The auction bid amount cannot be reduced to a rate lower than the market price or the government guidelines value.
Upon your father's intestate death the property left behind by him hall devolve equally on all his legal heirs, hence you legal heirs have to continue this case as per law.
The property cannot be transferred to your mother's name without the other legal heirs executing a registered release deed in her favor.
Once the property is sold for the price as set by the court, then from that amount you will get your due amount and balance will be handed over to the debtor.
What is your problem about it, why should you insist on the due amount alone, the proeprty will fetch a higher amount and the balance amount shall be given to the owner of the property.