Flat purchased
Kapil Kumar Lath
(Querist) 25 November 2014
This query is : Resolved
Sir,
I have purchased a flat long back and staying in the same. few days ago two different bank has sent me notice to vacant the flat as the flat in which i am staying is mortgaged by two unknown people in there bank. Now i do have all the documents and registered sale deed. the flat is in my possession from the day of purchase....wat do i do..if you have any case laws or judgement regarding the same please do help me ASAP.
Regards
Kapil
Devajyoti Barman
(Expert) 25 November 2014
Why on earth do people ask for case laws only without asking for solution of the problem?
Case laws is no panacea unless you diagnose your ailment properly and then adopt proper line of action.
First disclose the content of notice and basis of claim of Bank.
ajay sethi
(Expert) 25 November 2014
do you have original documents in your possession regarding sale of flat to you by the original purchaser . if flat had been mortgaged to bank you dont have clear and marketable title to the flat
Rajendra K Goyal
(Expert) 26 November 2014
Reply the notice of the Bank through your lawyer.
Visit the bank and ask copy of the documents regarding the mortgage and details of mortgager of your property. It seems the property was mortgaged prior to your purchase, if so your title may be defective.
Case law not provided in this section.
T. Kalaiselvan, Advocate
(Expert) 28 November 2014
If you have received notice, you may reply to it appropriately on the basis of proper property documents held in your possession and repudiate their claim. A personal call on the bank will help you clarify the issue properly, take the help of a lawyer to resolve the issue.
