related to property
saurabh sharma
(Querist) 28 May 2011
This query is : Resolved
i have purchased a property from a person. i paid him the advanced money by cash, and promise him to pay the rest of the money at time of registration. At the time of registration the said seller told me that he was unbale to lacate the original registration copy of the said property and provide me the photostat copy as he promised me to deliever the same as soon as possible. i got the said property registered in my name with sale deed and mutation. 6- 7 months have been passed and i got to know from the sources that the said property has been mortgaged to the bank by the said seller against the loan. the bank has issued a notice in the newspaper that the said property has been subject to auction as the original registration copy is with him and now the property has been auctioned three days before. Now what is the legal remedy available to us and whether we get our property back. whether we institute a civil suit or criminal suit. whether the said seller is liable. and whether we make the bank a party to the case.
PALNITKAR V.V.
(Expert) 28 May 2011
Your vendor has cheated you. In fact you were also negligent. You should have insisted for the original sale deed of the vendor. Since the property was mortgaged, you can not get a valid title. Now you may file a case of cheating and a suit for recovery of your money from the vendor. You will not get the property back on the basis of your document of purchase. But you may take chance by making offer to pay the loan dues.
M/s. Y-not legal services
(Expert) 28 May 2011
Yes. You were cheated by the seller. However there will be a huge amount as due. Why you have to pay for one another's debts. You just file a criminal case against the said seller, same time civil suit for recovery of money.
M/s. Y-not legal services
(Expert) 28 May 2011
At the same time, still the banker can take actions against both of you. You are liable to punishment as a subsequent encumberer.
