General Questions
1. Who will be the transferor when I register the property?
The bank or financial institution conducting the auction will be the transferor—not the borrower. A bank representative will assist you during the property registration process.
2. Who is the actual seller in these cases?
The seller is always the bank or financial institution that has acquired the property after the borrower defaulted on their loan. This process is governed by the SARFAESI Act.
3. Can I invest in multiple properties at once?
Yes, absolutely! There is no limit to the number of properties you can invest in, provided you meet the financial requirements.
4. How long does it take from bidding to registration?
- Banks usually provide a 2–4 week notice period before the auction
- After winning the bid, the full payment is required within 2–4 weeks
- Once payment is complete, the sale certificate is issued within 4–5 working days
5. Can the borrower create any legal issues after I buy the property?
No. Once you purchase a stressed asset, you obtain full ownership rights. The borrower has no further legal claim over the property.
6. Do these properties have a clear title?
Yes. Banks conduct multi-layered legal due diligence before auctioning a property. Any known encumbrances or legal issues are disclosed upfront in the auction notice.
7. Are stressed assets safe investments?
Yes! These properties come with no construction risks, payments are made through secure banking channels, and most transactions are completed within 4–6 weeks.
8. Why should I invest in stressed assets?
- Big Discounts – Up to 70% below market value
- Transparent Transactions – No brokerage or hidden costs
- Faster Closures – Most deals close within 4–6 weeks
9. Are these properties low quality?
Not at all! The term “stressed assets” refers to the bank’s financial stress, not the condition of the property.
Financial Institutions & Their Role
1. Do banks physically possess these properties?
- Physical Possession: Locked and controlled by the bank
- Symbolic Possession: The bank holds legal ownership, but the borrower may still occupy it
2. Do banks have legal authority to sell these properties?
Yes. Banks operate under SARFAESI and IBC laws, which allow them to recover outstanding loans through auctions.
3. Are banks wrong for selling these properties?
No. Banks are simply recovering unpaid loans by selling these assets, as per legal provisions.
4. How do banks end up owning these properties?
When a borrower defaults on a mortgage, the bank takes possession of the property and auctions it to recover dues.
Investment Options
1. Can NRIs invest in auction properties?
Yes, NRIs can participate but must submit a declaration form along with their application.
2. Can I buy a property jointly with friends or family?
Yes, joint ownership is allowed. You can include up to five names in the application.
3. Is there a limit to how much I can invest?
No, there is no upper limit on the amount you can invest.
4. What types of properties can I buy?
You can invest in:
- Land (Residential, Industrial Plots)
- Built-up properties (Flats, Villas, Warehouses, Factories)
Auction Notices & Terms
1. What does “As-is, where-is” mean?
The property is sold in its current condition, and the bank will not make any modifications or offer guarantees.
2. Why should I read the auction notice carefully?
Auction notices contain critical information about liabilities, possession status, and payment terms.
3. What is the reserve price?
The reserve price is the minimum amount the bank will accept for the property.
Due Diligence & Legal Aspects
1. Who maintains the property before transfer?
- Physical Possession: The bank maintains it
- Symbolic Possession: The current occupants maintain it
2. Are government approvals needed after purchase?
Most approvals are already in place, but additional clearances may be required based on your intended use of the property.
Risk Management
1. How are legal disputes avoided?
Banks thoroughly vet properties before auctioning them, and Fore Profits conducts an additional due diligence process.
2. What if I lose the bid?
Your Earnest Money Deposit (EMD) is fully refunded within 7–10 working days.
3. Are these properties sold free of liabilities?
Yes, in most cases. Fore Profits ensures full transparency regarding any pending dues.
Bidding Process & Buying Guide
1. How do I participate in an auction?
You need to:
- Submit your EMD (Earnest Money Deposit)
- Provide ID proof
- Fill out the auction application form
2. Are property auctions online?
Yes, most auctions are conducted online, ensuring security and ease of participation.
3. How is the winning bid decided?
The highest bid meeting or exceeding the reserve price wins the property.
Tax Implications
1. Are there tax benefits to investing in stressed assets?
Yes! You can claim capital gains tax exemptions under Section 54 of the Income Tax Act if reinvesting in another property.
2. Who pays the stamp duty?
The buyer is responsible for stamp duty and registration fees.
3. Is GST applicable?
No, GST does not apply to auction properties, but buyers may need to clear pending property taxes (if any).
Post-Purchase Property Management
1. What if the property has tenants?
Fore Profits assists in handling tenant-related matters to ensure a smooth transfer of possession.
2. Can you help me sell the property after purchase?
Yes! Our resale support services help investors maximize their returns.
3. Can I renovate the property immediately?
Yes! Once the sale certificate is issued, you are free to renovate as needed.
Documentation & Proofs
1. What documents do I need to participate?
- Individuals: PAN card & Aadhaar card
- Companies: Incorporation documents
- Bank Details: Proof of funds
2. Will I get proof of payment?
Yes, banks provide stamped payment acknowledgments for full transparency.
3. What is a sale certificate?
A sale certificate serves as your legal proof of ownership, essential for resale or future legal requirements.