Flat dispute

Guest (Querist) 15 March 2012 This query is : Resolved
I have bought a new flat and completed the registration formalities.
Its mortaged to a government bank. The amount is paid in full to the owner.

After 1 month of buying I came to know from the neighbours that the flat owner has no
rights to sell the flat and still in that case also he sells, can I call a court case on
this? Also whether Encumberance Certificate will still be issued at the time flat is registered
on new owner's name?

The neighbour says that ther is stay order on that flat. Also if there is a stay order is
issued from court regarding a flat dispute, where is the copy of the stay order sent?
Is it sent to the Registerar office? Is that sticked on the flat walls/door?
Is it published in a leading daily newspaper? Does these things should not be taken care
during the legal and technical verification done via bank?

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Deepak Nair (Expert) 15 March 2012
Go to a lawyer with all the documents related to this property along with the seller and confirm it yourself.

Please don't pay heed to hearsay.

Sankaranarayanan (Expert) 15 March 2012
Yes you need to knock rhe door of any local lawyer and seek the help by way of find the fact. I really wonder that how the nationalised bank give loan for ledicated property

ajay sethi (Expert) 15 March 2012
bank must have taken search of the property . obtained certificate from society as to whether any mortggae ahs been created or injunction granted . bank relies on title certicate sissued by advocate before giving go ahead . dotn panic . engage lawyer now

adv. rajeev ( rajoo ) (Expert) 15 March 2012
Make an inquiry with the person who sold the property to you and ask for the original documents

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