• Mortgage property registered

A reputed venture in warangal, Telangana. mortgaged a plot to KUDA layout (Kaktiya Urban Developement Authority). The same plot which is mortgaged registered to me in 2020. In 2021, the mortgage plot released. A buyer refused to buy as the plot registered during mortgage though it got released from the mortgage. So I have contacted reputed venture who registered this plot to me, they accepted my request and did Supplemental and Rectification Deed by mentioning mortgage plot got released hence executed this deed. And same reflected EC under my name. But still buyer refused to buy it as it is Supplemental and Rectification Deed but he needs fresh registration from reputed venture. My point here is it’s already got registered under my name in 2020 and again did supplemental and Rectification deed in 2025 by the same reputed venture by mentioning mortgage got released and hence executed Supplemental and Rectification deed. I have mortgage release copy from KUDA as well. Am I the legal owner for this plot ? Can I sell the plot ? Do I need to ask anything from the Reputed venture regarding this plot registration as he already did Supplemental and Rectification deed? Does buyers face any problem in future? Can I construct house on it? Kindly answer the question wise so that it helps me
Asked 8 months ago in Property Law
Religion: Hindu

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7 Answers

Purchase often depnds on the desire of the purchaser which may not always be most logical.

This purchaser is not willing to buy this rperty.

So without wasting time look for other buyer.

Apparently there is no defect in title of your property. 

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

You are the owner of plot 

 

no further  documents required 

 

you can carry on construction on plot provided building plans are sanctioned by authorities 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Your title was confirmed in the initial stage itself when the builder had executed a registered sale deed in your favor and transferred the property with possession.

Besides the builder had executed a registered rectification deed rectifying the error of mortgage release deed which ws not mentioned in the original sale deed.

This clearly establishes your clear and marketable title over the property in your name.

The buyers may resort to unnecessary doubts especially if they are not knowledgeable and may not even listen to their lawyer's opinion.

An experienced lawyer may recommend the purchase after scrutinising the property related papers if they are found to be genuine and proper. This buyer seems not very serious about purchasing the property hence you may discard him and proceed with your proposal to construct the structure over the vacant house site. .  

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

1. Am I the legal owner of this plot?

Yes. Since the plot was registered to your name in 2020, and the mortgage was released in 2021, and further clarified through a Supplemental and Rectification Deed in 2025, you are the legal owner. Your name reflects on the Encumbrance Certificate (EC), and you also possess the mortgage release letter from KUDA — all confirming ownership.

2. Can I sell the plot?

Yes, legally you can sell it. But some buyers may hesitate due to the registration during the mortgage period, even though it was later regularized. If your documentation is clear (mortgage release + rectification deed + EC in your name), there is no legal bar to selling. It’s more a matter of buyer perception than legal defect.

3. Do I need to ask anything more from the reputed venture?

If they've already executed:

  • The original Sale Deed in 2020, and

  • A Supplemental and Rectification Deed in 2025 clearly stating the mortgage was released,

then legally, nothing more is required. However, if you want to eliminate buyer hesitation, you may request:

  • A confirmation/No Objection Certificate (NOC) from the venture stating the plot is free from encumbrance and fully owned by you.

  • Or, if agreeable, a Fresh Sale Deed (though not legally required, some buyers may prefer it for peace of mind).

4. Can buyers face any problem in the future?

Not if:

  • The mortgage release is recorded,

  • The EC is clean, and

  • The Rectification Deed explains everything.

But buyers unfamiliar with title procedures may misinterpret a rectification deed as insufficient, even though legally it serves the purpose. You may also consider getting a legal opinion or title certificate from an advocate to present to potential buyers.

5. Can I construct a house on it?

Yes, as long as:

  • The mortgage is released,

  • You have ownership title, and

  • The plot is in an approved layout (by KUDA),

you can apply for construction permission and build on it. Ensure KUDA layout approvals and local municipal norms are followed.

Shubham Goyal
Advocate, Delhi
2155 Answers
17 Consultations

If there is a registered rectification deed then no issue for buyer

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Dear Sir/Madam,

Since the plot in question is not under the mortgage, you are the sole owner and can do anything as per your wish i.e. either you can construct the house or you may sell the same. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

You hold valid legal title over the plot registered in your name in 2020. The sale deed executed in your favor was registered lawfully. Although the developer had mortgaged the plot to KUDA before the registration, the mortgage was released in 2021, and you now possess the official mortgage release certificate. To clarify the earlier transaction, the developer executed a Supplemental and Rectification Deed in 2025, confirming that the mortgage had been released and reaffirming the validity of your ownership.

The Encumbrance Certificate reflects your name as the current owner. This confirms your lawful ownership of the property. Therefore, you have the legal right to sell the plot or proceed with construction on it. However, due to the original registration taking place while the plot was mortgaged, some buyers or banks may hesitate unless additional clarity is provided.

To address such concerns, request the developer to issue a notarized declaration stating that they have no further claim over the plot and confirming that they sold it after the mortgage was released. Along with the existing mortgage release certificate, this declaration can provide additional comfort to prospective buyers.

You may also obtain a legal opinion from a practicing advocate confirming that your title is clear and marketable. This legal opinion will support the validity of your ownership and assist in smooth future transactions.

You can construct a house on the plot, provided you obtain the necessary building permissions from KUDA or the local municipal authority. Ensure that the layout is approved and that you comply with building regulations.

You are under no obligation to obtain a fresh sale deed since the developer has already executed a registered rectification deed acknowledging the mortgage release. Legally, the rectification deed supplements the original sale deed and serves to clarify the record.

To prevent any dispute in the future and to ensure marketability, compile the following documents:

  • Original Sale Deed (2020)

  • Mortgage Release Certificate (2021)

  • Registered Supplemental and Rectification Deed (2025)

  • Latest Encumbrance Certificate

  • Declaration or NOC from the developer

  • Legal title opinion from an advocate

You have a valid, enforceable title and the legal right to sell or construct on the property. With the above supporting documents, you can confidently address any buyer concerns and complete the transaction or proceed with development.

 

In case you need my assistance in the matter I can be contacted on 

 

 

Regards,

YUGANSHU SHARMA

SYS LAW OFFICES

 

Yuganshu Sharma
Advocate, Delhi
1175 Answers
5 Consultations

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