You need to execute a tripartite agreement between you bank and seller

1. you can share your desire to purchase the said property with the bank and can enter into a tripartite agreement which includes you, the bank and the seller,

2. through the tripartite agreement, you can become the owner of the property after paying the outstanding amount to the bank and balance to the seller,

3. enter into any agreement to sell without including the bank will be a blind deal and you can suffer heavy losses,

4. one should never purchase such property which is mortgaged to any other  

Ask seller to obtain NOC from bank for sale of flat 

2) you can enter into MOU  with seller that on his obtaining NOC from bank you would make payment of x amount directly with bank for repayment of loan and that on execution of registered sale deed balance amount would be paid to seller 

1. Ask Seller Party to obtain 'Conditional NOC" from the lending bank, for Sale & Repayment of outstanding amount.

2. Based on above execute a registered "agreement to sale" (and not Sale Deed) with strategic clauses, on you directly clearing the loan to Bank, further payment terms and possession etc....  Here you will be paying him 1-10% of the agreed amount.

3. AFTER above, Take property possession immediately and execute a Sale Deed, by paying rest of mortgage amount directly to Bank and to the Seller party.

4. IF buyer fails to show up for Sale Deed, THEN you can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

Even if you agree to purchase a mortgage property it is the responsibility of the seller to get the mortgage clear from the bank before making the transfer deed of the property how in the meantime you can agree to go for an agreement to sale by the seller where the deadline for re registration of the transfer deed should be mentioned and you can make advance payments to clear the outstanding and get the property documents from the bank please note that the registration can take place only when the seller have the property documents in hand to be attached with the new sale deed however in case of any default you will be able to file a suit for specific performance of the agreement and the seller will be liable to compensate

Seller has to obtain NOC from Bank, it is his responsibility.

Both of you enter into AOS / MOU as the loan pending is 6 figure, you pay off the loan balance to be paid at the time of executing Sale Deed. 

You can enter into a registered sale agreement with the seller by mentioning all the details in it with default clauses. 

There should be a mention about the mortgage loan details and execution of sale deed after discharge of loan from the sale consideration amount or else the seller has to return the amount with interest. 

Your advocate may give more such ideas to include in the agreement of sale,  you may discuss at length with a local advocate on further issues. 

1. The bank has to consent to the transfer of property by the mortgagor. 

2. A tripartite agreement can be executed between the mortgagor, mortgagee and you whereunder either the loan can be repaid in entirety or bank can transfer the loan to you.

3. If you do not wish to transfer the loan then bank will demand the clearance of mortgage. 

In the sale deed you have prepare a Schedule of Payment page in that mention all details of payment how you're going to pay the seller against property and to whom loan amount cheque or DD details on Bank name and remaining amount on seller's name with date etc.

Plus mention once the original papers are handed over to you then transaction is complete or subject to realisation of cheque/DD the property will title be yours means buyer's.

You can transfer the loan which you don't want to do hence you cannot buy this property till the loan is paid.

See sale agreement can be prepared and you can pay for the loan as part of sale consideration after same is cleared bank shall release the property and give NOC. Thereafter seller can registered the property. 

You can make a registered sale agreement. 

Tri partition agreement will execute with bank and seller. Sale deed will execute and on same time, bank loan will clear by purchase amount by seller and original documents will deliver to you.

First loan is to be cleared by the seller  or to be transferred in your name and NOC to be issued by bank. 

No other option. 

A mortgaged property can not be sold. 

1. Mortgaged property can not be sold or dealt with without the written consent of the Mortgagee.

2. In the instant case, execute a tripartite agreement between you, the mortgagee bank and the owner of the property clearly mentioning therein that the owner can sell the property to you by registering the sale deed and the DD for the payment will be drawn on his name with account no. being his loan account no.

3. In the said case, the Bank manager will be present at the time of the Registration of the sale deed and will take the DD drawn in the name of the owner of the property and deposit with his loan account.

4. The owner of the property being its mortgagor will  get the excess amount from the said sale proceeds after the Bank recovers the outstanding loan amount from it and issues a No Due Certificate to him.

You can buy under agreement and pay the bank direct loan amount and get NOC from the concerned bank plus you can give public notice and also get the original papers verified that it has no other lien on it .

1. Yes you can make MoU or agreement with seller even if the property is mortgaged with bank but sales deed cannot be executed till loan is cleared.

2. The term should be that loan account will be closed by seller from advance payment before execution of sales deed.

3. You can ask him to take NOC from bank that he can deposit the cheque for advance directly into loan account for clearing the loan. 

- Before purchasing a mortgaged property, you should take a photocopy of the sale deed kept in bank, and check properly, whether the seller is a rightful owner of the said property and confirm the same with the bank as well.

- Collect latest property tax receipts, water- electricity paid up bills,

- Collect a Letter from the bank where this property is mortgaged, wherein the bank states that the bank is agreed to relinquish/release the original property documents after the full and final payment has been made on the outstanding home loan.

- You can sign a Tripartite agreement with the bank and the seller , that the property papers will be transferred to your name once the loan that the owner has taken has been settled.

- Finally, dont forget to get , no objection and no dues certificates.