registered a mortgaged flat

Dear Sirs,

i have bought a flat in mumbai for Rs. 1,20,00,000/- on the day of registration i was told the flat is mortaged with a bank and due to non avaibility of original documents ( it was with the bank)with the seller he attached an affidevit that he has taken a loan and he will pay the bank after i pay him. i had to do the registratation as stamp duty was already paid and it was last day of 1 year period or i would had to pay 8-9lacs more.

1. After the registration i paid 70L to the seller and balance being the bank loan amount.

2. i have taken loan from same bank where the flat is mortaged i received the approval letter.

3.  Now the seller is not paying 70L to the bank as he has used it elsewhere and he is saying i will pay..its been 3 months.

4. when bank called him he is saying i am paying your emi on time so there is no fraud.

5. i got the possesion and keys,  can i go and stay there?

please advise what can be done from my side ? also if he defaults will bank take possesion of my house? As during title search there was no record of mortage with the registrar office..

your advise will be helpful..



When property is mortgaged with bank, how come mortgagor sold the property?


Dear Sir,

this seller is an investor ..what can be done now to safegaurd my right on the property? now bank is aware and they are calling him to pay the part amount i gave to him so that they can tranfer the balance loan on my name...


any more advise please?




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