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Resale flat cheating

(Querist) 01 March 2016 This query is : Resolved 
Helli sir,

I am living in pune & 8 month back I have purchased resale flat in pune, I have done agreement to sale & paid all money 34lakh except loan which is 15lakh & the owner has already loan in punjab national bank of 34lakh
But after doing agreement to sale we come to know that owner already has done MOU which is notari on same flat 1.5year back & has taken 11lakh rs from him but now he is paying him back so there is case going on my owner because of that I am not getting NOC from society.

& other important thing is owner not clear the loan amount also ge not pay single rs to bank still the loan is on my owner name & he is paying emi.

So now my problem is my sale deed, NOC & bank loan not clear

Only thing I have is possession of flat.

Sir

Please guide me what should I do.
Akshay (Querist) 01 March 2016
Helli sir, I am living in pune & 8 month back I have purchased resale flat in pune, I have done agreement to sale & paid all money 34lakh except loan which is 15lakh & the owner has already loan in punjab national bank of 34lakh But after doing agreement to sale we come to know that owner already has done MOU which is notari on same flat 1.5year back & has taken 11lakh rs from him but now he not paying him back so there is case going on my owner because of that I am not getting NOC from society. & other important thing is owner not clear the loan amount also ge not pay single rs to bank still the loan is on my owner name & he is paying emi. So now my problem is my sale deed, NOC & bank loan not clear Only thing I have is possession of flat. Sir Please guide me what should I do.
P. Venu (Expert) 02 March 2016
It would be too hasty to make any suggestion unless the documents are seen.
Rajendra K Goyal (Expert) 02 March 2016
You should have entered into the agreement for direct clearing of loan by you. Now try to get your money back.

If not possible show all documents to local lawyer to take legal steps.
Akshay (Querist) 02 March 2016
Thank u Rajendra sir but I wnt to complete my sale deed & problem is my owner is not paide mortgage amount to bank he has 35 lakh rs loan on bank on purchase flat but he not clear that even we give much money at time of agreement.
krishna mohan (Expert) 07 March 2016
You may consult a local lawyer to advise you the right remedy. Since he has not cleared the loan, any default in EMI, Banker will take action to auction it. Better you act fast.


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