• Sale of mortgaged property

A property which is Npa to a bank and physical position of the property is taken by the bank. Can anyone can enter in a vaild agreement to sell with the owner of such property
Asked 6 years ago in Property Law
Religion: Hindu

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9 Answers

No if the property is mortgaged without NOC of bank no valid agreement for sale of the promptly can be made.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Once the bank takes possession, it may go ahead with the auction selling of the property as per rules. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

you cannot enter into sale deed when property is mortgaged 

 

you need bank consent to sell to sell the property 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Yes if you get a noc and sale certificate from bank then you can buy the same

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

 It is very delicate issue.  You may be cheated by bank or by owner.  However, if you get some good legal advice from any DRT advocate, you can talk to the bank along with the owner. Make payment of dues of bank on behalf of owner vide cheque, DD or RTGS . Before making payment to the bank, enter into agreement with owner and mention the payment to be made to the bank for redemption of  equitable mortgage.  Take the possession of original title documents from the bank yourself, though it would be returned to  him on his signature.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

1.  IT would be a criminal offence of Cheating, Breach of Trust, Mischief, etc.... for the seller & buyer to execute ANY property that is mortgaged to a Bank.

2.  HOWEVER, with proper consent and by following due procedure of law, the mortgage amount may be settled /closed and proper NOC (no dues certificate) can be taken and then proceed with the Sale Deed.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Sale will be illegal and criminal offense. Property vest in bank on default in repayment of loan.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Once the property has been declared under NPA for having taken physical possession, then the owner is divested of any rights in the property, therefore it not advisable to enter into any sale agreement with the owner for buying this property

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Before selling clearence from bank is required.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

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