Agreement(on rs 50 e-stamp) to sell & purchase a property

pctulsian (Querist) 21 July 2014 This query is : Resolved
My client(Purchaser) entered into an agreement(on Rs 50 e-Stamp) to sell & Purchase a property & paid the Earnest Money.Under this agreement it was stated that the property under sale is free from all sorts of encumbrances such as sale, mortgage,lien,legal flaws etc.Later on when the client applied to the Bank for housing Loan.it was revealed that the said property is mortgaged with some other Bank.What legal course of action available to the my client?

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ADV-JEEVAN PATIL, MUMBAI (Expert) 21 July 2014
You may file case by paying deficiency in stamp duty. Also Criminal case

ajay sethi (Expert) 21 July 2014
purchaser can ask for refund of earnest money paid .if he refuses file case of cheating against seller

Rajendra K Goyal (Expert) 21 July 2014
Agree with the expert ajay sethi ji.

Advocate Bhartesh goyal (Expert) 23 July 2014
Serve a legal notice to seller and demand the paid mooney to him,if seller do not comply with the notice then initiate criminal proceedings for offence of cheating against him.

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