Property entered in prohibited list based on court attachment.

Question

if A took an advance of 20 lacks from B on a unregistered note with receipt on 1 rupee revenue stamp to sell his house to B. Later, A mortgaged that house in a bank and took 40 laks loan. A neither returned his money to B nor registered his house to B. B approached district court after loan disbursement from bank and after almost one year, obtained district court attachment order on that house consequently registration department entered the property to prohibited property list. Later after few months, bank auctioned the property to C under SARFAESI act. As property was entered in prohibited list, registration department denied to register on auction purchaser’s name. Bank issues sale certificate on the name of C. C filed a case in high court and explained the case in district court and about the district court attachment order. registration department also informed the reason for not registering. Later, registration was done based on the orders of high court directions, but still the property was not removed from the prohibited list based on the district court attachment. District court unaware of the auction, high court intervention has disposed the case with a direction to A to return the total amount with an interest to B. Is there any right to B to get the property ?In that case how to remove the property from the prohibited list?

Answer ( 1 )

    0
    2024-05-09T11:39:55+05:30

    Since in your case even after the directions given by the High Court the property has not been removed from the prohibited list, file a contempt petition against the official for violating the orders. Further, B wont have right once the entire amount if refunded.

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