Vidhikarya Official support e-mail Contact Vidhikarya by phone Number vidhikarya whatsapp Number
Vidhikarya Official support e-mail info@vidhikarya.com Contact Vidhikarya by phone Number+917604047601 vidhikarya whatsapp Number+919831397506
Corporate Services
Contact Us
Corporate Services Contact Us

Home > Free Legal Advice > Question Details

Vidhikarya Legal Questions Answered

100,000+ Legal Questions Answered

100,000+ Legal Questions Answered
Ask Your Question
Last Updated On 04-Oct-2018
Property

Can you register a mortgaged property?

I am planning to buy a property. It has a loan from the bank so the property title deeds are with the bank. Can I complete the registration first so that my (buyers)bank can repay the sellers banks loan and collect the title deeds. Is it possible to register a mortgaged property ? We (buyers) have applied for a loan but the bank needs the property to be registered first before they clear the sellers loan.

( Mumbai suburban, Maharashtra )

28-Sep-2018

Reply to this question

Reply
A.
Dear Client, if you may want to purchase the property with earlier mortgage loan then that loan should be discharge and this should be mentioned in the sale deed. You should pay the balance amount to the vendor and You will get the title to the property subject to mortgage loan.
Posted On 04-Oct-2018
Vidhikarya
Was the answer helpfull

Helpful

Share
A.
You can contact me for more information under the Paid section.
Posted On 30-Sep-2018
Vidhikarya
Was the answer helpfull

Helpful

Share
A.
You have a compex issue,better to contact a pruidance on all aspects of the professional property lawyer from the panel of Vidhikarya for help & guide and assist you on all aspects of the issues till the schedule property is registered in your name by performing all parts of proceedings.
Posted On 29-Sep-2018
Vidhikarya
Was the answer helpfull

Helpful

Share
A.
there are various ways to handle this situation. Generally NOC from bank is a must before entering into an agreement with the Vendor. However arrangements can be made by executing a triplicate agreement wherein bank, vendor and you be the parties and thereafter pay the loan amount and get NOC. Complete the registration with the Vendor.
Posted On 29-Sep-2018
Vidhikarya
Was the answer helpfull

Helpful

Share
A.
Although a mortgaged property cannot be registered in others name but still have to look at the stage of the case for better suggestion.
Posted On 28-Sep-2018
Vidhikarya
Was the answer helpfull

Helpful

Share
A.
Dear Client,
You can purchase the property even before discharge of earlier mortgage loan, but the same should be mentioned inthe sale deed. You should pay the balance amount to the vendor and rest of the amount used to discharge the mortgage loan and release the title deeds to your bank if that bank accepts the same. You will get the title to the property subject to mortgage loan.
Posted On 28-Sep-2018
Vidhikarya
Was the answer helpfull

Helpful

Share
A.
When the property is in mortgaged should make any sale deed it is against the law, first clear loan liability and clear mortgage endorsement by the bank, or take under taking letter from bank if it is nationalized bank and pay the amount, before making payment verify the property mortgaged any other party also.

call for proper advice through vidhikarya
Posted On 28-Sep-2018
Vidhikarya
Was the answer helpfull

Helpful

Share
A.
By advocate Rameshwor dadhe dear sir Frist privious owner paid all payments to the bank then. Take back all legal documents.with NOC of the bank. Then go ahead
Posted On 28-Sep-2018
Vidhikarya
Was the answer helpfull

Helpful

Share
A.
In that case you can enter into a tripartite agreement with the bank and later, at the time of registration, pay the sale consideration by two DDs. You can also request the bank for simultaneous registration of the sale deed in your favour and the receipt in favour of your seller.
Posted On 28-Sep-2018
Vidhikarya
Was the answer helpfull

Helpful

Share
Submit request

Submit Request

Post Your Legal Issue to connnect with Lawyers Online

Submit
Talk to a lawyer

Read Related Answers

Property Agreement

Dear Client If the document was executed on plain paper and the builder never paid the agreed consideration, its enforceability will depend on its contents and the surrounding facts. Since the proper...

Partition Suit

Dear Client In a partition suit, the burden of proving a prior partition lies on the party who asserts that such partition has already taken place. If the opposite party claims that the joint family...

Dc industrial conversion certificate

Dear Client If a road is passing through the middle of your property but is not reflected in the sale deed, DC conversion order, or other title documents, its legality will depend on the sanctioned l...

Family property dispute

Dear Client, If your mother died without leaving a will (intestate), the property generally devolves equally upon all her legal heirs, subject to the applicable personal law. An elder brother cannot...

ADMISSION OF SECOND APPEAL IN HC

Dear Client, In the facts stated, your immediate remedy is to seek urgent listing and admission of the Second Appeal before the High Court under Section 100 of the Code of Civil Procedure, 1908, by...
Ask a Question

Ask a Question

Ask Now
Settle Your Dispute without going to Court

Read Blogs on Property

Can an under-construction property be gifted?
Posted On : May 13, 2024

Can an under-construction property be gifted?

Can A Wife Claim A Share in Ancestral Property After Divorce in India?
Posted On : May 13, 2024

Can A Wife Claim A Share in Ancestral Property After Divorce in India?

Rights of Hindu Women in Ancestral Property: A Guide to the 2005 Amendment and Beyond
Posted On : May 13, 2024

Rights of Hindu Women in Ancestral Property: A Guide to the 2005 Amendment and Beyond

Categories

Property Lawyers

Abhimanyu
Call to Abhimanyu Send whatsapp message Send whatsapp message Send mail to vidhikarya Send mail to vidhikarya

Abhimanyu Shandilya

Kolkata

Call to Kishan Send whatsapp message Send whatsapp message Send mail to vidhikarya Send mail to vidhikarya

Kishan Dutt Kalaskar

Bangalore

©2026 Vidhikarya. All Rights Reserved.

Disclaimer

The Bar Council of India does not permit advertisement or solicitation by advocates in any form or manner. By accessing this website (www.vidhikarya.com), you acknowledge and confirm that you are seeking information relating to VIDHIKARYA LEGAL SERVICES LLP (The LAW FIRM) of your own accord and that there has been no form of solicitation, advertisement or inducement by VIDHIKARYA LEGAL SERVICES LLP or its members.
The content of this website is for informational purposes only and should not be interpreted as soliciting or advertisement. The User agrees that he/she is visiting the site on his own volition to seek more information about the firm and its Advocates.
The contents of this website are the intellectual property of VIDHIKARYA LEGAL SERVICES LLP.

OK Cancel
Vidhikarya Official support e-mail Contact Vidhikarya by phone Number vidhikarya whatsapp Number