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Hello , I bought a house in 2017 from x person , costing 17 lakhs, in which home loan of about 10 lakhs was in the name of the owner, on the basis of mutual agreement, I paid him 7 lakhs and by promising to pay the bank loan installment Took possession, this home loan is still in his name, he didn’t send the money to the bank after paying some installments given by me and the bank forcibly took possession from me by SARFAESI act,, and sealed it, I attempted many times to Contact the owner but to no avail, on the other hand when the bank came to take possession, they promised to give me the keys and to pay the remaining amount, and many times I tried to give them the remaining amount, but they refused to give me Do not talk and returned me saying that you are not our customer, can I take any legal action in this, to get my house back, because since last 3 years my family is forced to live without roof.
Question
Hello ,
I bought a house in 2017 from x person , costing 17 lakhs, in which home loan of about 10 lakhs was in the name of the owner, on the basis of mutual agreement, I paid him 7 lakhs and by promising to pay the bank loan installment Took possession, this home loan is still in his name, he didn’t send the money to the bank after paying some installments given by me and the bank forcibly took possession from me by SARFAESI act,, and sealed it, I attempted many times to Contact the owner but to no avail, on the other hand when the bank came to take possession, they promised to give me the keys and to pay the remaining amount, and many times I tried to give them the remaining amount, but they refused to give me Do not talk and returned me saying that you are not our customer, can I take any legal action in this, to get my house back, because since last 3 years my family is forced to live without roof.
Answer ( 1 )
Firstly get an FIR registered against the previous owner from whom you purchased. Meanwhile file a case before the concerned Debt Recovery Tribunal against the action of the Bank in not considering your proposal to pay the remaining amount before auctioning the property. If no stay on auction of the property is granted then move against that before the appellate tribunal.