Regarding undisclosed mortgage on purchased flat

inayat (Querist) 02 May 2025 This query is : Resolved
I am writing to seek your professional assistance in a serious matter concerning a property I purchased. I recently discovered that a flat I bought, for which I completed registration and paid the full amount to the builder, is mortgaged to the municipal corporation, a fact not disclosed at the time of purchase.Details of the Case:Property: [Flat Number, Building Name, Address]Purchase Details: I purchased the flat from [Builder’s Name/Company] on [Date of Purchase] for [Purchase Amount]. The sale agreement and registration were completed on [Date of Registration], and I made full payment via [Payment Method, e.g., bank transfer].Issue: After registration, I learned that the flat is mortgaged to [Name of Municipal Corporation] for [specify if known, e.g., outstanding dues or loan amount]. This was not disclosed by the builder or mentioned in any documents provided during the purchase process.Documents Available: I have the sale agreement, registered sale deed, payment receipts, and property registration documents. I can also obtain an encumbrance certificate or other relevant records as needed.Concerns:
I believe this constitutes fraud or misrepresentation by the builder, as I was assured a clear title. The undisclosed mortgage jeopardizes my ownership and exposes me to potential financial and legal risks. I am seeking your expertise to:Investigate the mortgage’s validity and the builder’s failure to disclose it.Explore legal remedies, such as rescission of the sale, refund of the purchase amount, damages, or clearing the mortgage.Advise on any immediate actions to protect my rights, including dealing with the municipal corporation or filing complaints with relevant authorities (e.g., RERA, consumer court, or police).I would greatly appreciate your guidance on the best course of action, estimated costs, and timeline for resolution. Please let me know what additional documents or information you require to proceed.

Thank you for your attention to this urgent matter. I look forward to your prompt response and assistance in resolving this issue.

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Quick Summary

A property buyer has discovered their newly purchased flat, for which full payment was made and registration completed, is mortgaged to the municipal corporation. This crucial detail was not disclosed by the builder during the sale. The buyer is seeking legal assistance to investigate the mortgage, understand their rights, and explore options like rescission, refund, or damages, while also needing advice on immediate protective measures.

kavksatyanarayana (Expert) 04 May 2025
If the flat is mortgaged, it cannot be registered. Did you not verify the EC and the original documents? And the flat cannot be mortgaged to the Municipal Corporation. Only some part of the extent of the total site of the apartment will be mortgaged to the MC for roads, drainage etc, but not a flat. You have missed something in your query.

T. Kalaiselvan, Advocate (Expert) 05 May 2025
You have not obtained legal opinion from an advocate in the local hence you consult a local lawyer and proceed as suggested.

P. Venu (Expert) 07 May 2025
The facts posted are less than convincing.
How is that the property is mortgaged to the Municipal corporation? What is the source of your information? is the aspect of mortgage reflected in the EC?

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