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seema sharma ( manager)     27 February 2012

Mortagaged property purchasing process

sir, 

   i want to purchase a proerty at gzb which is mortgaged(home loan issued in that property name) with some bank. Now the seller offered me to sale .

i accepted and given token money and agreemnt to pay remaining amount  within 45 days.

 now today is 43rd day and i was not able to make my arrangements of money as loan which is about to  sanction is not completed yet  because of some deficiency  in chain of papers provided  by seller. which I come to know a week before when enqquired for delay in home loan sanctioning of me.

now he threatened me to forfeit  my token money .

what are the remedy available to me as it is not my fault  (as he has not provided whole set of documents.)

moreover if I arrange money personally and give it to him, what is the process when property is mortgaged to bank which issued earlier loan in his name.

how will he transfer the title to my name.

pls guide, 

thnx for sparing time for me



Learning

 1 Replies

SACHIN AGARWAL (ADVOCATE)     28 February 2012

It is better to deposit money in his loan account by transfering teh same through Cheque of your Bank account. After having received the outstanding amount, the Mortgagee Bank would release the proeprty and thereafter the sale deed can be executed in your favour.


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