A. BEFORE PARTICIPATING IN THE AUCTION
1. What is the basis of sale?
The property is offered on “AS IS WHERE IS, AS IS WHAT IS, WHATEVER THERE IS AND WITHOUT RECOURSE” basis, subject to the terms and conditions of the auction.
2. Can an NRI/company/firm participate?
Eligibility depends on the conditions specified in the auction notice and applicable laws. The bidder must satisfy all eligibility and KYC requirements.
3. Can I bid through an authorised representative?
Yes, where permitted, subject to submission of a valid authorisation/Power of Attorney and required KYC documents before the prescribed deadline.
4. Can I inspect the property before bidding?
Yes. Interested bidders may inspect the property during the inspection period/date specified in the auction notice, subject to prior coordination with the Auction Agency/Competent Authority.
5. Are photographs/videos of the property sufficient for due diligence?
No. Photographs/videos are provided for reference only. Bidders should conduct physical inspection and independent legal/technical due diligence.
6. What does “Symbolic Possession” mean?
Symbolic possession means that possession of the secured asset has been taken/recorded by the concerned secured creditor or authorised authority in accordance with the applicable legal process, but actual physical possession of the property may not have been obtained.
7. Is the property currently occupied?
The bidder must independently verify the present occupancy/possession status during inspection, wherever permitted. The Auction Agency does not guarantee vacant possession unless specifically stated in the auction notice.
8. Who is currently in possession of the property?
The possession/occupancy details available with the Competent Authority will be disclosed to the extent provided in the auction documents. The bidder should independently verify the actual status.
9. Can I inspect the property if it is occupied?
Inspection will be subject to the permission/access available and the arrangements specified by the Competent Authority/Auction Agency.
10. Will I get vacant physical possession immediately after the auction?
No. The property is being sold with symbolic possession. Physical possession is subject to the applicable legal process and the terms of the auction.
11. Is there any guarantee that the property will be handed over vacant?
No, unless expressly stated in the auction notice/terms. Bidders must satisfy themselves regarding possession and occupancy before bidding.
12. Can I bid if I am not willing to take the risk of symbolic possession?
Bidders who require immediate vacant physical possession should not participate unless they are satisfied with the possession position and applicable legal remedies.
13. Is clear title available?
Relevant available title/property documents will be provided/made available for inspection as specified in the auction notice. Bidders must independently verify the title and legal status before participating.
14. Is the property free from litigation?
The available information regarding litigation, if any, will be disclosed in the auction documents. Bidders are advised to conduct their own independent legal due diligence before bidding.
15. Are there any outstanding society/municipal/property tax dues?
Details of known dues, if available, will be mentioned in the auction documents. The bidder must independently verify all statutory, municipal, society and other outstanding dues and their treatment under the auction terms.
16. Is there any guarantee regarding area/dimensions?
Bidders should verify the area, dimensions, boundaries, construction and other physical particulars independently. The auction terms will govern any stated particulars.
17. What due diligence should I conduct?
The bidder should verify title, possession, occupancy, pending litigation, encumbrances, society/municipal dues, taxes, approvals, physical condition, area and all other relevant matters before bidding.
18. Is symbolic possession a reason to reduce the bid price?
The bidder should independently assess the commercial and legal implications of symbolic possession and quote the bid accordingly.
D. BIDDING PROCESS
19. Can I bid below the reserve price?
Bids below the specified reserve price will generally not be considered unless the Competent Authority specifically permits otherwise.
20. Can I revise my bid after submitting it?
Bidders should follow the auction platform rules. During the live auction, bids may be increased as permitted by the system and auction terms.
21. What happens if I become the highest bidder?
Being the highest bidder does not automatically create an absolute right to purchase. The sale remains subject to acceptance/confirmation by the Competent Authority and compliance with all auction terms.
22. Can I cancel my bid after winning?
Generally, a successful bidder cannot withdraw merely because they have changed their mind. Cancellation/default consequences will be governed by the auction terms.
23. Can I raise objections after becoming the successful bidder?
Bidders are expected to satisfy themselves regarding the property before bidding. Post-auction objections based on matters that could reasonably have been verified during due diligence may not be accepted.
24. When do I have to pay the balance sale consideration?
The successful bidder must pay the balance amount within the period specified in the auction notice/terms and conditions.
25. Will my EMD be adjusted against the purchase price?
Yes, generally the EMD of the successful bidder is adjusted against the sale consideration, subject to the auction terms.
26. When will unsuccessful bidders receive their EMD refund?
EMD of unsuccessful bidders will be refunded as per the auction terms and the process followed by the Competent Authority/Auction Agency.
27. What happens if I fail to pay the balance amount?
Failure to make payment within the prescribed period may result in cancellation/forfeiture of EMD or other consequences as specified in the auction terms.
28. Can I take a home loan to purchase the property?
The bidder may arrange finance independently. The responsibility for arranging funds within the prescribed payment schedule rests entirely with the bidder.
29. Can I ask for an extension of the payment deadline?
Any extension is entirely at the discretion of the Competent Authority and cannot be assumed by the bidder.
30. Will the seller provide a Sale Certificate/Sale Deed?
The document to be issued upon successful completion of the sale will be as specified in the auction terms and by the Competent Authority.
31. Will the buyer get a Sale Certificate?
The successful bidder will receive the sale document specified under the applicable auction terms and legal process, subject to receipt of the full sale consideration and confirmation of sale.
32. Does the Sale Certificate itself give me physical possession?
A Sale Certificate evidences the sale in accordance with the applicable process, but physical possession may still require separate steps where symbolic possession was taken and the property remains occupied.
33. Who will bear stamp duty and registration charges?
Unless specifically stated otherwise in the auction terms, stamp duty, registration charges and other statutory charges relating to transfer/registration shall be borne by the successful bidder.
34. Is GST applicable?
Applicability of GST, if any, depends on the nature of the property and transaction. Bidders should verify the applicable tax treatment with their tax/legal advisor before bidding.
35. Is TDS applicable?
If TDS is applicable under the Income-tax Act, the successful bidder shall comply with the applicable statutory requirements.
36. Can I take possession immediately after making full payment?
Not necessarily. Full payment and sale confirmation do not by themselves guarantee immediate physical possession where the property is under symbolic possession.
37. Who will hand over possession?
Possession, where applicable, will be handed over in accordance with the terms of the auction and the instructions/orders of the Competent Authority.
38. Will the Auction Agency arrange physical possession?
The Auction Agency acts only in accordance with the authority/mandate given by the Competent Authority. Physical possession, if required, shall be dealt with in accordance with the applicable legal process and directions of the competent authority/court.
39. What if the occupant does not vacate the property?
The successful bidder will have to follow the applicable legal procedure for obtaining physical possession. The bidder should take independent legal advice before participating.
40. Can I force the occupant to vacate?
The successful bidder must not take possession by force or through self-help measures. Any physical possession must be obtained through the legally prescribed procedure.
41. Who will bear the cost of obtaining physical possession?
Unless specifically provided otherwise in the auction terms, the successful bidder should bear applicable legal, statutory and incidental expenses associated with obtaining possession after the sale.
42. Can the Auction Agency guarantee successful recovery of physical possession?
No such guarantee should be given unless specifically authorised and supported by the applicable legal order/process.
43. Can I visit the property after winning the auction?
Any further visit/access will be subject to the permission of the concerned authority/person in possession and applicable auction conditions.
44. Can I withdraw my bid later because physical possession is not available?
Generally, no. Bidders must satisfy themselves regarding the possession status before bidding. Withdrawal/default after becoming successful may attract consequences under the auction terms.
45. Can I transfer the property immediately after winning?
The successful bidder must first complete all payment, sale confirmation and registration requirements. Any subsequent transfer will be subject to applicable law and the relevant terms.
46. What is the biggest risk for the buyer?
The principal issue is that the successful bidder may not receive immediate vacant physical possession and may need to follow the applicable legal process to obtain it.
47. Whom should I contact for clarification before bidding?
Bidders should submit their queries to the designated contact person/Auction Agency within the pre-bid query period specified in the auction notice.
All bidders are advised to independently inspect and verify the property, title, ownership, possession, measurements, boundaries, encumbrances, statutory dues, litigation, approvals, taxes and all other relevant matters before submitting their bids.
The property is offered on “AS IS WHERE IS, AS IS WHAT IS, WHATEVER THERE IS AND WITHOUT RECOURSE” basis and, where specifically mentioned, under Symbolic Possession.
The Auction Agency/Competent Authority does not guarantee immediate vacant or physical possession unless expressly stated in the Auction Notice/Terms & Conditions.
Participation in the auction shall be deemed to constitute acceptance of the applicable Terms & Conditions of Sale.
