• Regarding possession of my house

Hello Sir,
I and my father purchased a new house.. we took a house from Mr X and Mr X pufchased this house before few days from Mr Y who is a real owner of this house. Now while purchasing the house we asked Mr X that where are the real papers of property so he said that its with me and i have made a complete payment to Mr Y. Now when we made half of payment to Mr X and asked for papers as we needed to make up a loan at that time we came to know that allready this house is under mortgage and they domt have papers. So tbey gave us a possession of the house after four months of half payment. Now Mr X is asking to make us a complete payment and transfer the paper on our name but we r unable to pay this amount as we were goint to have a loan. Now if we dont agree to pay the amount Mr X is asking to vacant the house. So i am thinking of filing a case against him.. So can i do this or can i have another way...
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Asked 10 years ago in Property Law

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3 Answers

1) take loan from bank where the house is mortgaged . loan taken by Mr X can be transferred in your name and bank will pay balance sale proceeds to Mr X .

2) how can you purchase property without doing due diligence ? you should not have parted with any money without certificate from lawyer that title is clear and marketable . any how now that you have parted with 50%of payment approach same bank to whom house is mortgaged .

3) in the alternative ask for refund of 50%payment made, deliver possession to seller and cancel the agreement

Ajay Sethi
Advocate, Mumbai
96719 Answers
7798 Consultations

1) better seek refund of your money with interest . vacate the house and buy another house .

2) you dont have money to pay balance amount 50%option . hence this is the only option available for you

3) no sense in you filing case on seller . better arrive at an amicable settlement

Ajay Sethi
Advocate, Mumbai
96719 Answers
7798 Consultations

thanks for your appreciation

Ajay Sethi
Advocate, Mumbai
96719 Answers
7798 Consultations

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