I bought a plot of land with a small house, Sale Deed is drafted by a lawyer with all necessary clause and the same I made land ownership certificate and Land Certificate from Colony Chairman, now third party is claiming over my land with a written mortgage agreement from the previous owner and was dated 4 months before I bought the plot, but the previous owner who sold the land to me did not tell me anything about the mortgage, My question is who has the title over the property, the mortgagee /borrower or me?
The seller has cheated you by not disclosing to you the mortgage. You should have asked for a non-encumbrance certificate before purchase of the property. Now you can offer to pay to the third party and get release from the mortgage. You can sue the seller to recover the amount paid to the third party. You can also file a criminal complaint against him for cheating. You are saying that the transfer deed was drafted by your lawyer. Does the deed contain a declaration by the seller that the property was free of any encumbrance?