Sarfaesi Act 2002 Sarfaesi Act 2002

5 months ago

How can we validate a property if an X person purchased a property via auction under the Sarfaesi Act 2002? and If X person wants to sell the property to Y person what all documents that needs to be verified by Y person to ensure the property details.

Legal Counsel Vidhikarya

Responded 5 months ago

View All Answers
A.Dear Client,
wThe major issue with bank auctions is that you won’t have access to property records for title searches before purchasing. Banks are reluctant to divulge a lot of information. The bank’s only goal is to sell the property. So, buying a house or property at a bank auction involves potential risks. As part of their due diligence, buyers must conduct a title search and verify the property’s ownership. Banks neither take possession of the property nor take on any liability for it. With houses for sale at bank auctions, buyers have few alternatives regarding location or price. It might be difficult for buyers to inspect a home and ascertain its exact physical state. Visit the property, and confirm the vacant status before buying the property before depositing EMD. As there was no organized data in India, this used to be one of the most unpleasant steps. However, this process has now been simplified. The Indian Banks Association (IBA) launched the Indian Banks Auctions Mortgaged Properties Information (IBAPI) portal as part of the Department of Financial Services (DFS), Ministry of Finance, overarching policy to provide a common platform to display information about mortgaged properties to be sold at an online auction by Banks, starting with Public Sector Banks. The inspection date and time are now being mentioned by banks in auction notices. To inspect the property, you can go to the location at the appointed time. You can reach the concerned officer using the information provided in the e-auction notice. It is best to get in touch with him and ask for all the information. So, it is advised to contact a lawyer or other specialist for this process before depositing EMD if you are sincere about purchasing the property through an auction
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 5 months ago

View All Answers
A.Dear Client,
Firstly, obtain the sale certificate issued by the authorized officer under Sarfaesi Act. Further, verify the auction notice, sale proclamation, and other relevant auction documents. Also, confirm that the sale was conducted in accordance with the Sarfaesi Act procedures.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconComplaint on Apartment Maintenance issue
Dear Client, Per sq, ft method is extensively used for the calculation of the maintenance charges for the societies/RWA across the country. This system of calculation is used when the sizes of apartm...
question iconQuestion on Buying 10 years old flat with registration on hold
Dear Client , you can not rent / lease or sell your property until you have received complete possession of the property. you have to complete registration process for the same before getting into re...
question iconREGISTRATION OF Apartment owners association under companies act
Dear sir, It is ordinarily registered under specific act which might have been enacted by your state government otherwise consult the sub registrar office.
question iconI am being asked to pay more than my neighbour for Open Car Parking
Dear Client, Firstly, document all your interactions with the builder, including dates, times, and any communication (emails, letters, etc.). This documentation will be crucial if you need to escala...
question iconExtra amount for completion of project
Dear Client, Please consult an accountant for the how to include new additional income and if the can be given the rights of a builder. additionally with the consent of the new person they can be a...