Question: What are the Purchasers titles in case of purchase of an asset?

How
can a sale be postponed by the certificate debtor?
Introduction:
Public Demand Recovery Act of 1913 is a very important Act of Bangladesh. This
Act was made to “consolidate and amend the law relating to the recovery of
public demands in Bangladesh, whereas it is expedient to consolidate and amend
the law relating to the Recovery of public demands in Bangladesh”. According to
the "Public Demand Recovery Act 1913”, Section 3(6) “Public Demand” means any
arrear or money mentioned or referred to in Schedule I, and includes any interest
which may, by law, be chargeable thereon up to the date on which a certificate is
signed. This act, 1913 is a self-contained law. It is an amended and consolidated
act. It can also be regarded as an exhaustive and complete code in itself.
Consolidation, however, has been effected for the purpose of recovery of public
demands as defined in Schedule-1 of this act. The "Public Demands Recovery act
1913 provides speedier and easier procedure in the matter of realization of
various kinds of dues, which are basically undisputed in nature such as fines, fees,
rents, rates, land revenue and charges payable to the government, local
authorities and court of wards.

Purchaser’s title

According to PDR Act of 1913, where any property of the certificate debtor is sold
in execution of the debt, it is only the right, title, and interest of the certificate
debtor that will pass to the purchasers by the sale from the date when the property
is sold and not from the time when the sale becomes absolute. (section 20)
Section 25 states when no application is made against the sale or an application is
disallowed, the certificate officer shall make an order confirming the sale and
afterwards it will become absolute.

But before proceeding for sales and making such proclamations for sales, a notice
must be served upon the certificate debtor. Notice is mandatory in respect of
immovable property. And a notice must contain the following things:
 1. Time and place of sale
2. The property to be sold
3. The revenue assessed upon the estate or part of the estate
4. Any other things which the certificate-debtor may consider important for the
purchase
Postponement of sale by the Certificate-Debtor:

Under section 22 of the Public Demand Recovery Act 1913, the certificate debtor
or any other party whose interests are affected by the sale may apply to the
certificate officer to set aside the sale within 30 days from the date of the sale. But
he needs to make a payment
1. to the certificate holder the amount specified in the proclamation of sale plus
the interest on it at the annual rate of 6.25 percent
2. to the purchaser, as penalty a sum equal to 5 percent of the purchase money.
3. to the collector to meet the outstanding dues to the government.
Under section 23 of the Public Demand Recovery Act 1913, if a party sustains any
kind of injury by the sale through non-service of notice under section 7 or
irregularity in the certificate proceedings or in publishing and conducting the sale,
then within 62 days from the date of sale an application can be submitted to the
certificate officer for setting aside the sale within sixty days from the date of the
sale. But
1. the certificate officer needs to be satisfied that the applicant has sustained
substantial injury by the non-service of the notice
2. deposits the amount recoverable from him
3. convinces the certificate officer that he is not liable to pay such amount.
If the certificate officer is satisfied with reasonable grounds he may entertain
applications from certificate debtor even after the expiry of sixty days from the
date of the sale.

Conclusion:
So from the above discussion it is very much clear that the main objective of the
“Public Demand Recovery Act 1913 is to settle and determine various types of
dispute relating to debt which are payable to the government or any other person
rather than the4 government.
For fulfilling the objectives, Public Demand Recovery Act 1913 adopts various
types of procedures from issuing a certificate to sale execution of the property
and in the end it shall be said that Public Demand Recovery Act 1913 is a self-
contained Act, which is complete by itself.