Umais Momin 11 May 2023

Mortgage property register

Hi we have a purchased a plot of 4500 sq feet in Hyderabad which is under government layout and had the registration done with our name coming in government record ( EC) in December 2021. But while purchasing we didn't check the original link document of the previous owner . But we kept on asking for the link document he kept on delaying. Finally when the register was done after few days we came to know that he had kept the property on mortgage in the bank. The bank has put a notice recently for possession of the land. What can be done now

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Quick Summary

You've purchased a plot in Hyderabad, only to discover the previous owner mortgaged it to a bank. The bank has now issued a possession notice. While the sub-registrar should have verified original documents, you now need to act swiftly. Consider sending a formal reply to the bank based on your registered title deed. You can also demand the seller resolve the issue, cancel the sale, and refund your money with interest, or face a cheating complaint. It's advisable to seek legal counsel in Hyderabad to navigate this complex situation and protect your investment.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 11 May 2023

The sub registrar cannot register the sale deed without the seller producing the original sale deed lying on his name before the registrar at the time of registering the property, hence you cannot say that the seller did not show the original document to you before executing the sale deed on your name.

If you have received notice from the bank about taking possession of the property then you issue a reply notioce based on the registered title deed on your name.

In the meantime you can ask the seller to sort out this problem or to cancel the sale deed and return your money with interest.

Failing which you can give a cheating complaint against the seller with the local police

Umais Momin 11 May 2023

Thanks a lot sir.

We approached the bank they didn't entertain us. We r based in Hyderabad ( property in Hyderabad)can you guide us with the case or fight the case for us or someone you now in Hyderabad. As we approached a lawyer in Hyderabad he said that the bank can cancel our registry and auction the land. So we need some good lawyer in Hyderabad.

Thanks and waiting your response