Taken loan against a mortgaged property and builder is absconding now
4 years ago
I bought a plot by taking loan and have the registry of it. I came to know recently that property was already mortgaged by builder to some other bank and the builder ran away. I want to know what is the liability of bank in this case who has given loan to me because they have not even collected NOC while giving loan to me. Also I want to know now how to take the possession of my plot or recover my money. Please note that the case is already in NCLT.
Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi Vinay,
The explanation is not brief enough for the right opinion, however, you have purchased the property by paying the consideration and registered the same, you are now the title owner, I don't see any hurdle for any dispute. Hope you have done the title search.
NCLT proceeding must have initiated against the builder and it's property, if they included your property in their claim, let's have the objection at NCLT with solid proof that you have paid for the same and under rightful possession.
The explanation is not brief enough for the right opinion, however, you have purchased the property by paying the consideration and registered the same, you are now the title owner, I don't see any hurdle for any dispute. Hope you have done the title search.
NCLT proceeding must have initiated against the builder and it's property, if they included your property in their claim, let's have the objection at NCLT with solid proof that you have paid for the same and under rightful possession.
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A.Dear Sir,
You must lodge complaint against all the concerned including sub Registrar because his paramount duty is to mention such earlier mortgage in his register called Encumbrance Certificate. You have may option both civil and criminal which you must exercise.
Please give me Rank 5
You must lodge complaint against all the concerned including sub Registrar because his paramount duty is to mention such earlier mortgage in his register called Encumbrance Certificate. You have may option both civil and criminal which you must exercise.
Please give me Rank 5
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