quesPossession of my own property.

I and my father purchased a new house.. we took a house from Mr X and Mr X pufchased this house before few days from Mr Y who is a real owner of this house. Now while purchasing the house we asked Mr X that where are the real papers of property so he said that its with me and i have made a complete payment to Mr Y. Now when we made half of payment to Mr X and asked for papers as we needed to make up a loan at that time we came to know that already this house is under mortgage and they don't have papers.

So they gave us a possession of the house after four months of half payment. Now Mr X is asking to make us a complete payment and transfer the paper on our name but we r unable to pay this amount as we were goint to have a loan. Now if we dont agree to pay the amount Mr X is asking to vacant the house. So i am thinking of filing a case against him. So can i do this or can i have another way?

  • ansTake loan from bank where the house is mortgaged. Loan taken by Mr X can be transferred in your name and bank will pay balance sale proceeds to Mr X. How can you purchase property without doing due diligence? You should not have parted with any money without certificate from lawyer that title is clear and marketable. Any how now that you have parted with 50% of payment approach same bank to whom house is mortgaged. In the alternative ask for refund of 50% payment made, deliver possession to seller and cancel the agreement.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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