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Author Topic: How to stop auction on my flat because of builder's mistake.  (Read 730 times)

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Offline umaRAVI

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How to stop auction on my flat because of builder's mistake.
« on: January 03, 2015, 07:29:24 PM »
Good Morning All Sirs/ Madams

th January Right now we are in a big difficulty as an auction date is in 4 days from now (7/01/2015) without my mistake.

I have purchased a flat from a real estate builder 12 years before while taking a loan from Bank A and flat is been registered on my name and i have tenanted the flat. After 3 years from purchase I have got a notice to the flat saying that Bank B is going to posess the flat as builder has kept this flat for mortgate before registering to me. I was astonished and filed a case and got a stay and fighting in various courts from last 9 years. unfortunately i was out of India for one and half year due to my job and meanwhile the lawyer whom i have engaged didn't get stay notice last year and in the month of November 2014, bank had kept possession notice on my flat and pushed out the tenants when i was not here. I tried to push my lawyer and nothing has happened. 15 days before i am back in India and unfortunately could not see any other information on my flat other than bank possession notice and a seal on my flat.
Yesterday only I came to know that my flat's auction is scheduled on 7th of Jan 2015 which is hardly 4 days from now. without my mistake I am loosing my flat and not sure how can i stop the auction where the builder is the person who has taken money from Bank B and I have got the registration and paying muncipal taxes and all utiility bills under my name from past 12 years. Even the EC shows my name for the flat. Please help me as I am totally in loss and in high difficulty. Thank you very much. Please Sir help me at the earliest with valuable suggestions.

Regards
Ravi

Offline kphk

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Re: How to stop auction on my flat because of builder's mistake.
« Reply #1 on: January 04, 2015, 07:20:09 AM »
file a writ in high court on the grounds of non-compliance of natural justice and also that you are a 3rd party and your property has nothing to do with your builders debt at the earliest possible and ask for stay over the auction.

 

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