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Venkat Subramanian (Own)     13 November 2009

Original Documents not given at the time of registration

I have purchased a flat in 2006. The vendor has promised me to hand over the orignal document within a weeks time. But later I come to know the he is still to get the same from the bankers with whom he has mortgaged the flat(which was not informed to me at the time of registration).

Can you please suggest soem remedy?


 9 Replies

Meenakshi (Lawyer)     13 November 2009

 U can either wait for him to give you the documents if u trust him by expressing your interest or cancel the sale agreement stating the reasons.....or Take an Affadavit from him 

Venkat Subramanian (Own)     13 November 2009

Thank you Madam Meenkashi for your response.

But the sale has already been registered in my favour.

Now, I would like to know to what effect I have to get an affidavit from the vendor.



Hemant Narayan Gokhale (Advocate)     15 November 2009

if sale is executed and possession is with you , u  may give notice of demand of original documents from bank as well as seller then only if not submitted the docouments you may take further steps.

Thyagarajan (Property management)     21 November 2009

Dear Subramaniam,

It is time investors in flats/shops/houses what and what the builder/land sellers are supposed to do before entrusting /investing in construction or bying. CMDA and Rural developement officers are issueing guideliness and alertness needed to invesors frequently.IN eal estate dealings always the third party is there to be satisfied that dealings between investors and builders are done as per rules. Once the builder scips any point or the investors are ignorant of rules it takes time even decades to regularise the dealings. If you approach courts the Judges only say you are not the first one to approach. The Judges are also warning wining a case before him is not the end. In democracy appeal after appeals can be made and ultimately what you wanted to enjoy can be done only by your grand children.

K. Rajendra Prakash (Advocate)     23 November 2009

Without revealiang facts known to you i.e. the flat is under mortgage, request him to furnish the original document and wait for his reply.  Do not take any hasty action, otherwise, what Mr. Thygarajan siad would become a reality.

Parveen Kr. Aggarwal (Advocate)     23 December 2009

Rights of a buyer are mentioned in section 55 of the Transfer of Property Act, 1882 and you have all the rights including right to get original title documents of seller, right to know about encumbrance etc. You may proceed to enforce your rights.

R.Ranganathan (Advocate)     10 September 2010

Don't be hasty. I slightly differ from the others. First of all when the property is under mortgage you cannot purchase the property without the consent of the Bank. The purchase is subject to the mortgaged amount with the Bank. Bank has first lien over the Flat and can claim the amount from you. So you inform the Bank about the happenings and book the seller in a criminal case of cheating and fraudulently dealing with a property which had been mortgaged.

Thyagarajan (Property management)     10 September 2010

Dear Subramaniam

The offences committed by real estate people are classified as white collor crimes by police.

You can file a complaint to police on offences committed under sec 418 ipc. There aftyer it becomes a state case and all you had to do is follow up your complaint.

pranjal Dongaonkar (Practice)     15 September 2010

According to me, what Shri Thyagarajansir had stated is absolutely correct. Moreover, if u want u can also intimate the Bank in writing & may issue Public Notice to protect your interest.   

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