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sumit Roychowdhury (proprietor )     07 March 2015

Property dispute

If a owner of a property made an agreement for sale with someone and take 90% of consideration amount as advance and without 2nd parties knowledge the owner kept the said property mortgage at a nationalised bank and took loan and defult to repay the loan. Now whose claim will stand before the court of law ?

Date of 1st agreement AUGUST,2012

DATE OF MORTGAGE JULY,2013 



Learning

 5 Replies

saravanan s (legal advisor)     07 March 2015

is the sale agreement registered.if so you can take legal action against the said person on grounds of fraud and also for cancellation of the said sales agreement.send him a legal notice mentioning the above circumstance in which he had failed to honour the conditions in the sales agreement and ask for arevocation of the sale agreement and repay the advance you have paid

Sankalp Paliwal (Advocate)     07 March 2015

Both the bank and the purchaser can claim from that person...

sumit Roychowdhury (proprietor )     08 March 2015

No that agreement was not registered. But as we had made the agreement prior to bank, will our claim stand before the court. If so under what section, and what will be the stand .

Adv Akhtar Ali Sheikh (Property Law Consultant)     08 March 2015

Is the mortgage registered? If so bank will have first right.

Subash M R (Advocate)     08 March 2015

The agreement holder's.

Thanking you,


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