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Tuesday, November 26, 2024

THIRD PARTY AUCTION PURCHASER RIGHTS ARE PROTECTED


Ashwin S. Mehta v. Custodian, (2006) 2 SCC 385

Rights of auction purchaser – Bona fide purchaser for value in auction is on different footing than a decree holder purchasing such property (¶¶ 70-72)

Sadashiv Prasad Singh v. Harendar Singh, (2015) 5 SCC 574

Third party – auction purchaser rights – auction purchaser's rights continues to be protected notwithstanding the underlying decree is set aside.

Once sale is confirmed by authority, rights accrue in favour of the auction purchaser and these rights cannot be extinguished unless fraud or collusion is proved [¶¶ 17-19 ]

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