• 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...
Waiting for your reply...
Asked 3 years ago in Property Law from Surat, Gujarat
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
25901 Answers
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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
25901 Answers
1411 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
25901 Answers
1411 Consultations
5.0 on 5.0

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