• Buying a mortgaged property

Hi
We are planning to buy a mortgaged property. The seller doesn’t have money to close the loan and as buyer we are planning to close the loan on their behalf. It takes 2 weeks to release the original documents from the bank. We are planning to register the sale agreement when we transfer the money. But the sale agreement cannot be registered without the Noc certificate ( which we can get only after 2 days of closing the loan). Which would be a wise decision to make ? Is it worth closing the loan before without getting any registered sale agreement ?
Asked 2 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

1) approach bank where loan is pending and get loan transferred in your name 

 

2) pay balance amount to seller 

 

3) enter into registered sale deed with bank NOC 

Ajay Sethi
Advocate, Mumbai
99866 Answers
8148 Consultations

If you want to buy the property outright by paying the entire sale consideration amount then why do you have to go for sale agreement, you can get a sale deed executed and registered on your name upon paying the sale consideration amount and also bearing the stamp duty and registration charges. 

The bank will certainly not release the property documents and issue No due certificate until the entire loan amount is discharged along with the accrued interest.

In that situation, if yo are keen to purchase the property, you can inform the seller to enter into a formal loan agreement with you on a stamp paper and promissory note, then clear the outstanding loan amount with interest, release the documents and execute a registered sale deed on your name, after which you can cancel the loan agreement 

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

First, obtain copies of all the documents deposited with the bank from the seller, engage a competent lawyer, ask him/her to scrutinise the vendor's title, and obtain his/her clearance in writing. Request the bank to let your lawyer see the documents, at a mutually convenient date. Obtain an undertaking in writing from the bank they shall release all the documents to you directly, immediately upon your clearing the seller's dues. Ask the bank to lift the encumbrance in the land registry's records immediately thereafter. Better to execute a tripartite agreement with the bank and the seller, in consultation with your lawyer. 

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

- As per banking rule , until the loan amount not refunded to the bank , the bank will not issue NOC and release the mortgaged documents 

- Since, if you are planning to purchase that property without taking loan , then you can pay the loan amount only to the bank to close the account of the seller , so that the bank issue the NOC in your favor , and release the registered documents to you via the seller.

- Hence, inform the bank to issue the NOC after mentioning that the loan amount has been paid by you on behalf of the seller . 

- However, an unregistered agreement is not admissible before the court .

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Dear Client,

Due Diligence:

Before proceeding with any transaction, it's crucial to conduct thorough due diligence on the property. This includes verifying the ownership, checking the status of the mortgage, and ensuring that the seller has the legal authority to sell the property.

 

Loan Closure and NOC:

If you're planning to close the loan on behalf of the seller, you should ensure that the loan is indeed closed properly and all necessary documentation is obtained, including a No Objection Certificate (NOC) from the bank. The NOC indicates that the property is free from the mortgage and that the bank has no objection to the sale.

Risk Management:

Proceeding without a registered sale agreement could expose you to risks, as the terms and conditions of the sale might not be clearly established in a legally binding manner. This could lead to potential disputes later on

Anik Miu
Advocate, Bangalore
11022 Answers
125 Consultations

Is it worth closing the loan before without getting any registered sale agreement - NO. first execute tri partite agreement including bank, than only purchase is safe. 

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

It is correct that without NOC from bank sale deed cannot be registered. However, an agreement to sell can be executed containing all details, NOC etc. and the same can be registered also. Talk to bank for OTS. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Execute a tripartite agreement with bank, seller and you on 100 stamp paper incorporating all terms to safeguard your interest. Than you can close the account and get the property registered. Much depends on how the agreement is drafted.  

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

When you close the loan bank returns you Orignal papers along with noc

Prashant Nayak
Advocate, Mumbai
34580 Answers
249 Consultations

1. Gert a tripartite agreement between the borrower, the buyer and the mortgagee bank be executed/registered  mentioning that immediately on receiving the outstanding amount, the bank will handover the original title deed to the Buyer.

 

2. No NOC from the Bank will be required in the instant procedure.  The Bank will handover the original title deed to the Buyer on receiving the DD towards the outstanding amount at the Registration Office itself, when the borrower/seller will register the sale deed in favour of the buyer.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer