• Regarding filing case on my purchased land

Sir. I had a plot of 4 katha of land which was underm possession for last 2 year. in the sid land 2 room house were there which was also unmder my possession. but from last 2 weeks somebody has locked my said room. on my enquiry it was traced that the seller of land kept the house on mortgaze and for realization of money some one has locked my room. In this regard what shaall i do to get back my room. though i had contacted local layer and send a notice to unlock the locked room from the seller. but erxacvtly what sghall i do. pliz give suggestytion in this regard for which i shall ever grateful to u.

Asked 4 years ago in Property Law from tezputr, Assam
1. Did you purchase the land through any registered Sale Deed? 

2. If yes, did you collect the original Title Deed of the seller from him while purchasing the property from him?

3. If yes, then he can not create any mortgage of the property since for creating mortgage, original title deed is required to be deposited with the mortgagee,

4. If the said Title Deed has not been given to you then ask the person claiming to be the mortgagee to show you the original Title Deed to establish his claim,

5. If the original title deed is found to be with him, file a cheating case against the seller.
Krishna Kishore Ganguly
Advocate, Kolkata
18091 Answers
438 Consultations

5.0 on 5.0

1) how did you purchase the said house? was it by registered sale deed? 

2) if originial documents have been handed to you at time of sale no mortgage of land can be created by seller . 

3) whether mortgagee has original documents ? 

4) if so it appears you have been grossly negligent . always consult a lawyer before purchase of property
Ajay Sethi
Advocate, Mumbai
44186 Answers
2562 Consultations

5.0 on 5.0

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