Regarding possession of my house
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 2 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
Sir actually i asked him about the papers before purchasing only and that time Mr X said that he has paper and that's the reason I moved forward. Also the loan amount of mortgage is nearly 3 lac only and that does not satisfy my need. Also if I ask for the repayment than he will give but on that condition I have to vacant the house and I would be homeless..
So I cant cancel the deal as well. Also he has used my money for more than six months. So can I file a case on him, and ask for compensation...
Asked 2 years ago
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
Thanks a lot for your priceless suggestion
Asked 2 years ago
thanks for your appreciation