• Mortgage plot registered

Real-estate company chairman did a Open PLOT mortgage to Kakatiya urban development authority (KUDA). In the year 2020, Real-estate company chairman did registration to me that Open PLOT. In the year 2021, the Open PLOT got released. I am not aware, the Open PLOT got mortgaged earlier. It means Open PLOT which is mortgaged to KUDA got registered to me. Recently I am planning to sell that plot, the buyer raised objection that during mortgage registration got done. I have asked chairman regarding it and he mentioned that the said Open PLOT already got released from mortgage and then no problem. My questions: Am I legal owner for that plot? Do I need to ask Real-estate company chairman to do something here? Can I construct house on it? Can I sell it?
Asked 8 months ago in Property Law
Religion: Hindu

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8 Answers

Without seeing all the related and relevant documents , it is not possible to give a proper opinion on title of this property. 

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

As on date there is no mortgahe on the plot 

 

2) mortgage on plot has been released and you are absolute owner of plot 

 

3) you are at liberty to sell the plot 

 

4) construct house on said plot 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

- Since, the said plot is registered in your name by the Real Estate company and it further released from mortgage , then it validated your ownership of the said plot as now there is no more mortgage and the plot is open to sell. 

- You are registered owner and can sell the plot without any disturbance. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

 

  • You are legal owner if mortgage is fully released by KUDA.

  • Ask chairman for KUDA release letter + updated EC.

  • you can build/sell after verifying clear title.

  • Best to take legal opinion from local lawyer before selling.

 

Shubham Goyal
Advocate, Delhi
2155 Answers
17 Consultations

A mortgage release, even if executed by a realtor at the time of selling, needs to be registered with the Sub-Registrar Office to be legally valid. 

Registration ensures that the mortgage is officially cancelled and the property is clear of encumbrances.

Without registration, the mortgage release deed doesn't have legal effect, and the property may still legally be considered mortgaged. 

Registration of the sale deed and the mortgage release deed are essential for a smooth transfer of ownership

Registration provides a public record of the mortgage release, ensuring that future buyers or lenders are aware of the property's clear status. 

Registration protects both the buyer and the seller (or realtor in this case) by providing official documentation of the release of the mortgage. 

Therefore you insist the seller / realtor for  registration of cancellation of the mortgage on the property and clear the encumbrance tag attached to the property. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

If the plot is mortgaged then you need to rane approval of the authority whether the same is mortgaged 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Dear Client,

Yes, generally, you are the legal owner of the plot.

Registration of Sale Deed: The most important event is the registration of the sale deed in your name in 2020. In India, registration of a sale deed is what legally hands over the possession of immovable property to a buyer (you) off the seller (Real Estate Company Chairman).

Release of Mortgage in 2021: The situation that the plot has been released of the mortgage in 2021 only adds strength to your case. This implies that the debt which was secured by the mortgage was paid off and KUDA can no longer lay a claim to the property.

However, the problem arises from the timing: The registration became effective to you when the property was still under mortgage. This puts a "cloud" on the title in the eyes of a buyer, although the mortgage was subsequently released.

Your primary action is to get the Real-estate company chairman to provide you with the registered Mortgage Release Deed from KUDA and ensure that this release is reflected in the Encumbrance Certificate for your plot. If it's not, they need to take steps to get it officially recorded. Without this, you will face difficulties in selling or securing a loan for construction, as buyers and banks will perceive it as a defect in title.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

 

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

1. As per you the said property has already been mortgaged (certainly to a Bank or Financial Organisation who has got a charge on the said property).

 

2. A Mortgaged property can not be dealt with by the mortgagor with a third parrty like you.

 

3. Ask the Real Estate Company to get the Release of Mortgage Deed registered to enable you to register your plot in favour of your buyer.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

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