LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vinod Kumar Ahuja (PROPRIETER)     03 January 2011

vALIDITY OF SALE OF MORTAGAGE PROPERTY OF PURCHASER

IF I WILL SALE MORTAGAGE PROPERTY THAN WHAT IS ITS VALIDITY & CONSEQUENSES THAN WHETHER PURCHASER HOLD GOOD TITLE.?



Learning

 4 Replies

Ashok Yadav (Lawyer)     03 January 2011

If the propoerty is mortgaged, you can not sell it. If u sells it without NOC from the mortgager then the mortgager can sue you for his amount, and the purchaser will not get clear and marketable title. He may loose the propoerty in future if the mortgager sues you for payment of money or cancelletion of said sale deed.

adv. rajeev ( rajoo ) (practicing advocate)     03 January 2011

Even if you sell the mortgaged property encumbrance goes along with the property.  Purchaser wont hold good tittle.

Bharatkumar (ADVOCATE )     03 January 2011

First, U give title certificate otherwise take a NoC from Mortagager to sale this property, And when u sale this property u inform the Purchaer real fact and Give a NOC of the Mortagager. 

SACHIN AGARWAL (ADVOCATE)     05 January 2011

The purchaser of the mortgaged property can hold good title subject to payment of dues to the mortgager. If the dues are settled, the title is good and in case the dues are not paid and the mortgager sue the mortgagee, in that case the proeprty can be sold and the said sale deed in favour of the subsequent purchaser would not come on the way.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register