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S.Krishna Prasad   11 April 2018

Clarification while purchasing a mortgage property

Sir, any legal problems in purchasing mortgage property and what precautions should I take while purchasing a mortgage property. with regards, Krishna Prasad.


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 4 Replies

R.Ramachandran (Advocate)     11 April 2018

Any special reason why you are interested in purchasing the property knowing it is a mortgaged property?

Kumar Doab (FIN)     11 April 2018

'Buyer Beware' applies to property deals.

IT shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Kumar Doab (FIN)     11 April 2018

NO one should believe that a mortgaged properties title would be clear..

Remember instances of bank financed projects …and buyer getting duped….

Also whether the bank will be able to get the possession if IT is say thru auction…

Learn to protect the principle ( Mool) than falling for say; easy/quick/high returns ( Vaapsi).

Bank empanelled lawyers also provide such service and fee may be Rs.2500/-

S.Krishna Prasad   13 April 2018

Sir, it is a newly constructed appartment in that a flat in size of area and cost wise comfortable for us but the builder informed that it is mortgaged flat and loan was taken on that but it is not clear to me how much loan was taken and the purpose, so I would like to know whether we can go for further enquiry on that or to go for another. 

Thanking you,

Krishna Prasad.


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