Selling mortgaged property
Rakesh
(Querist) 21 May 2015
This query is : Resolved
I purchased a flat in ghaziabad. The seller of the flat was one of my friend. I made him all the payment and decided to to the Registrar Office for Sale Deed.
My friend after receiving all money from me, executed sale deed in my favour. But when i asked for previous original papers, he told me that those papers are with the bank as he has just cleared the home loan and bank will soon send all papers to his address.
Now 3 years lapsed, i came to know that loan is still pending. He is regularly paying the installment but not able to clear it altogether.
What action now i can take against him so that he clear the outstanding loan so that i can get all property documents.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 21 May 2015
1) send legal notice 3)Write to financial institutions to return docs to u since purchased by u.4) If does not pay bring writ from HC.2) File cheating case. Do not leave possession. Hope satisfied.
Jeetender Gupta
(Expert) 22 May 2015
In the sale deed a standard clause would be there "Property is free from all encumbrances". And if he has still executed sale deed, you must file a police complaint with relevant IPC sections in jurisdiction of police station where sale deed executed.
