Purchase of residential land without original title deed
suresh
(Querist) 13 July 2016
This query is : Resolved
Dear Sirs,
I had purchased a Residential Land and got registered in my name in January 2015 without taking Original Title Deeds. I have been following up with the Seller of the property for Original title deeds but unable to get these from him. I have checked the Encumbrance Certificate (from Registration Dept.) before completing the registration and found that there were no mortgages registered against this property. I doubt that Seller might have mortgaged this property by deposit of title deeds.
Kindly advise what can I do now to protect my interest in the property.
Will such mortgage expire after certain point of time as per the Law?
What should I do to make the Seller liable for any encumbrances on the property prior to transfer of property on my name.
Many Thanks
Best Regards,
Suresh Babu.
Guest
(Expert) 13 July 2016
Mr. Suresh Babu,
I wonder, why you have been waiting for about 18 months in getting your problem solved through some property expert!
Now, you have the need to consult some expert in person by taking appointment and getting your proprty documents examined along with the record of your follow up with the seller in order to get appropriate solution to your problem, if there is really any.
SUPER SPECIALTY SERVICES FOUNDATION (INDIA)
rajeev sharma
(Expert) 13 July 2016
It is strange that you are caring for this fact when you have completed the deal.You are already vested with the consequences. You have not mentioned what your seller is saying about the previous title deed if he says that it is lost then ask him to li\odge an FIR with concerned police station and publish an advertisement in a leading newspaper to this effect specifically mentioning that he has sold this property to you. This to an extent may save you but if the land is mortgaged you cannot avoid its consequences
Kumar Doab
(Expert) 13 July 2016
You have erred.
Approach a very able counsel as suggested above by experts.
R.K Nanda
(Expert) 13 July 2016
Nothing to add.
Devajyoti Barman
(Expert) 13 July 2016
Since you have already purchased the land you have nothing to do now except to pray that the title is free from encumbrance.
However if you are too scared now then consider selling the land.
suresh
(Querist) 14 July 2016
Dear Sirs,
Many Thanks for your replies.
I shall consult an expert.
Best Regards,
Suresh.
Guest
(Expert) 14 July 2016
You are welcome.
Rajendra K Goyal
(Expert) 15 July 2016
Mortgage may not expire in recent time. You can wait till some alternate claim comes and act as per circumstances.
If seller agree, he can lodge FIR for lost of documents and publish in two news papers.
Most of the Banks have their record of mortgaged property on National Portal from where the fact of mortgage with the Banks can be checked. Proceed to take small loan from Bank for some time on this property so that the fact of equitable mortgage is checked / or Bank agree to check otherwise. If your Bank does not facility, you can drop the proposal.
suresh
(Querist) 17 July 2016
Hi Sir,
Thanks for the reply.
Is there any way to check, If Mortgage has been made by depositing Original Title Deeds (as an Equitable Mortgage) with the Private parties other than Banks and Institutions, where the registration is not required with SRO.
Seller is not disclosing the facts whether the documents are lost or the documents are with Mortgagee. He has been requesting and made me to wait till date. I have given enough time and I lost confidence on him now.
I have sent a registered post letter to him requesting for the documents and I got acknowledgement that he has received the letter. But, he has not given any reply to that.
Do I have any option to know the status of the documents?
Is serving a Lawyer notice on seller (requesting for handing over the original title deeds) a better option?
Many Thanks
Best Regards,
Suresh.
suresh
(Querist) 17 July 2016
Dear Sirs,
I am an NRI. I have been staying in Dubai since 10 years. If you know any expert from Vijayawada, please share with me.
Many Thanks
Best Regards,
Suresh.
Kumar Doab
(Expert) 17 July 2016
You can search in LCI databank at:
http://www.lawyersclubindia.com/lawyers_search/
You may wait for the advise of experts.
Kumar Doab
(Expert) 17 July 2016
In is indeed good to see that some authors do come back to thank the experts.
dr g balakrishnan
(Expert) 08 August 2016
if it is at all under equitable mortgage if proved, you can move under general contracts ie Indian contracts Act, 1872 u/s 19,fraud by false documentation, and not provided you an indemnity bond; that the seller cheated u/s 420 of IPC , that way you can make a suitable notice to the seller.
here seller is the transferor who cheated, misrepresented and the like, that way bring the law of crimes in the property issue, wait and see how it turns out sir?
dr g balakrishnan
(Expert) 08 August 2016
Equitable mortgage and English Mortgage are products based on contracts Act, so contract law can question relying on Art 14 of the constitution of india which is a fundamental right well protected under Article 13(1), after the most famous verdict of the constitutional issue brought in the state of Kerala at the supreme court of india! it was well argued by Palkiwalaji.
