Property purchased which is in muncipal mortgage

inayat (Querist) 05 May 2025 This query is : Resolved
Dear sir/ mam

Respected dignitaries of legal experts

Iam 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.

The sale agreement and registration were completed on Date of April 24 2023, and I made full payment via bank transfer.

Issue: After registration, I learned that the flat is mortgaged to Municipal Corporation for mortgage of flats to release after construction

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.

i seek your help to 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., , 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

Regards
Syed inayatullah

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Quick Summary

A buyer has discovered that a property they purchased and paid for in full is mortgaged to the municipal corporation, a fact not disclosed by the builder. The buyer is seeking legal advice on how to investigate the mortgage, explore remedies like rescission or a refund, and protect their ownership rights. The situation raises concerns about potential fraud and misrepresentation by the builder.

kavksatyanarayana (Expert) 05 May 2025
You asked the same query yesterday with some changes, and a reply was given. It is better to consult a local lawyer for guidance.

inayat (Querist) 05 May 2025
But here quiery is clear sir..so I reposted sir..

Dr. J C Vashista (Expert) 06 May 2025
Which municipality has mortgaged the property ?
What type of loan / amount has been outstanding and owned by Municipality ?
Whether any municipality performs as financial institution / Non-Banking Financial Company ? If so, under which laws ?
Unbelievable facts.

inayat (Querist) 06 May 2025
Muncipal corporation will keep some flats as security.. after completion of construction they will release the flat

P. Venu (Expert) 07 May 2025
Which Municipality? Why the security?
Yes, the facts stated are less than convincing.
What is basis for your hypothesis that the property is under mortgage to the Municipality? What is the document that you are relying upon?

T. Kalaiselvan, Advocate (Expert) 07 May 2025
The municipality is not a bank to offer money in return of mortgage of the flats, hence your statement is confusing and unconvincing.
You have already purchased the property by a registered sale deed,, whether your flat is also mortgaged or not?
If the municipality is trying to take possession of your property, you can file a suit for permanent injunction against the municipality ion the basis of the registered sale deed in your favor.

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