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Property purchased which is in muncipal mortgage

(Querist) 05 May 2025 This query is : Open 
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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