simple mortgage(mortgage without possession) taken by promoter for plots simple mortgage(mortgage without possession) taken by promoter for plots

2 years ago

Promoter started selling plots.
After sometime 60% Plots have been sold out then he took the simple mortgage loan of the Plots which he sold out already and also remaining 40% of the pending PLOTS.
Between he started executing SALE DEEDS of the remaining properties to buyers as well.
If he fails to repay the amount after some months/years whether the buyers are obliged to pay?

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir,
It is a risky transaction but it is in practice in many cities in India. It all depends upon reputation of the Promoter. If his intention is honest he will pay off entire loan amount and his intention is not good then the purchasers will be in risk.

PLEASE GIVE ME RATING AS RANK 5
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Dear Sir/ Madam,
The buyers shall not be obliged to pay money if he fails to repay the amount after some time. It is only the person who has taken the loan who will be obliged to pay the sum.
If you find this useful please rate us
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Dear Sir/ Madam,
No, the buyer shall not be obliged to pay as he is not concerned in the given matter. It shall be the sole obligation of the person who has taken the loan to pay it back in some months/years.
If you find this useful please rate me
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.No the buyer will not be obliged to pay. It is always the person who has taken the loan who is responsible to repay the loan and since you have not taken or executed the loan agreement papers hence you will not be liable to pay the loan.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconLand purchase from Scheduled caste belonging person
Dear Client Here are your answers. 1. Yes you can and you should lodge police complaint against that person and bring him to the books. Before you can lodge a police complaint you can send a legal not...
question iconRTI
Dear Client, In India, the Right to Information (RTI) Act allows citizens to request information from government authorities or public bodies. However, obtaining information about the owner of a spe...
question iconcapital gain and property valuation
Dear Client, In your situation, determining the valuation of the property for sale can be complex due to various factors, such as the historical construction of the property, its transformation into...
question iconRegularization
Dear sir, You may contact local advocate who is well known with local laws especially the building laws of your area to solve your problem.
question iconRegarding Bank account details mentioned in Sales Agreement
Dear Client, Usually, the contents of a Sale Agreement made by the Builders remain pro-builder guarding the interest of the Builder. But as a party to the said agreement you have the right to amend an...