• Old registry papers

Hi,
I bought a flat in Vaishali Ghaziabad through a agent, 7 years ago. Flat registry is done. Then come to know old registry papers are at bank and one loan was pending on this property. Then I asked Agent and he promised that he will clear the Loan and handover old registry paper. Somehow with Agent agreement I paid pending loan but Agent and old owner are shifted without inform. Now old registry paper are still in bank. I want to sell this property now. I have little knowledge about property things. Please guide.
Asked 3 years ago in Property Law
Religion: Hindu

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5 Answers

He has committed a fraud on you as encumbrance certificate must have been obtained by you. He sold you a property that had loan on it and took the money and the loan amount too. File a fir against these persons and also a cancellation of sale deed in the district court.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The property now registered on your name is not legally valid because it has been done on the basis of the fake and fabricated documents fraudulently by the seller with the help of agent.

The title is defective 

No buyer will buy the property without the original registered document in your possession.

You may have to pay the entire loan and get a no due certificate besides the bank has to revoke the mortgage loan details registered with the registration department.

Even then the bank will release the property documents to the original owner and not to you.

Alternately you can lodge a criminal complaint against the agent and the vendor for this fraudulent act. 

T Kalaiselvan
Advocate, Vellore
84923 Answers
2195 Consultations

5.0 on 5.0

Seller has to approach bank to handover original documents 

 

bank will not hand them over to you 

 

engage a detective agency to trace the seller 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

Dear Sir, 

You are suggested to approach the concerned bank and put your points to the concerned staff and deal directly. Also serve a legal notice to the agent for doing needful in specified time limit. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

- Since, the title deed of that property has been mortgaged with the bank , then without getting the same after payment of remaining loan amount , that flat will be considered as banks property . 

- You should lodge a compliant against that agent and last owner for cheating and breach of trust before the police in Ghaziabad and higher official . 

- If, no response and no FIR lodged against him , then file a compliant before the court. 

- Further , without getting that mortgaged registry , you cannot sell legally. 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

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