Bought a bank mortgage property. Got the notice to vacate the property

841 votes

It was your responsibility to do a thorough background check of the said property. It comes under the doctrine of constructive notice by which court will presume that you already had the knowledge about the mortgage. Now find out the loan details of the bank mortgage and ask the seller to settle the loan with the bank and if he denies to pay the loan, the bank will seek to sell the property for the recovery of the losses.

Advocate Siddhant Sharma LawRato

941 votes

It was your responsibility to do a thorough background check of the said property. It comes under the doctrine of constructive notice by which court will presume that you already had the knowledge about the mortgage. Now find out the loan details of the bank mortgage and ask the seller to settle the loan with the bank and if he denies to pay the loan, the bank will seek to sell the property for the recovery of the losses.

Advocate Siddhant Sharma LawRato

626 votes

If you will hire an advocate then only it will be helpful to linger on attachment procedure by the court... Well in this matter I think there is no way to stop recovery procedure... Kindly consult your advocate to cop of this situation...

Advocate Siddharth Dev LawRato

847 votes

You main lodge an FIR against the person who deceitfully sold his property to you along with the notice served up on you... Well you may also file a suit for recovery as well as damages against that person who deceitfully sold you, his / her property.....

Advocate Siddharth Dev LawRato

643 votes

you may file a petition in the Debt Recovery Appellate Tribunal asking for stay and operation of the notice issued by the debt recovery tribunal, delhi. the other reliefs depend on the detailed facts of your case.

Advocate Mrinmoi Chatterjee LawRato

630 votes

You should approach the DRT and make yourself a party in the matter in which notice to vacate was issued. You should have all relevant papers relating to the purchase. You should try to get your possession protected, if you are in possession.

Advocate Ekta Mehta LawRato

584 votes

Inhave read and understood your query and shall be able to address your concern as I specialise in civil laws. However I shall be needing some additional information so as to guide you well in this case.

Advocate Anish Roy LawRato

899 votes

It is advisable to first of show your document from where it could be known what were the terms of the sale and purchase. Nothing could be advised in such situation as first of all the facts must be known, the notice has been issued under what provision. Whether it is pending adjudication or after adjudication or at the time of execution. The proceedings will continue accordingly.

Advocate Manish LawRato

828 votes

Dear sir/ma'am , for the query asked by you.

Proper documentation has to be seen before any advice to be given. At times the chain of the property has to be looked at after which the matter can be taken before the court accordingly

We need to fix up a meeting g for further solutions to the query.

Advocate Sahil Chawla LawRato

824 votes

Facts provided are incomplete. Still, you need to approach DRT to establish exclusive title and claim in the property. If it's a case of fraud and cheating on the part of the person who sold you the property than you may have to lodge criminal complaint as well.

Advocate Shankar Kumar Jha LawRato

645 votes

Was this fact brought to your knowledge by the owner of property while making deal with him and pl see your sale deed weather there is clause as the property is free from mortgage and all encumbrance if it is there you may file criminal complaint for cheating and file your reply to DRT notice and lateron you may file civil suit for asking stay from civil court by making party to DRT

Advocate Bir Singh LawRato