I am planning to buy a property ..i have checked original documents from seller...is there any other way to findout if property is under any mortgage ..
Sunil (Test) 11 July 2013
I am planning to buy a property ..i have checked original documents from seller...is there any other way to findout if property is under any mortgage ..
Dr. Jyothi Vishwanath (Associate Professor of Law) 11 July 2013
Apply for EC from the registrar office. Apply for loan in a bank even if you have money with you, may be small amount. Bank will verify all the documents and only then give loan. Make sure that he hands over all the original documents to you.
If any simple mortgage, mortgage by conditional sale or english mortgage is created, it is usually tough to find out. You have to find out in the sub-registrar office if any such document is registered by the owner which is usually tough till you know the details of the document and date of transaction.
If possession is with the owner, then it cannot be case of usufructuary mortgage.
Case of mortgage by deposit of title deeds is ruled out as all documents are with the owner.
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