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Bought a flat & found out seller has loan pending on the property


25-Mar-2023 (In Property Law)
I gave 25 lakh on a 65 lakh flat but now found out that the owner of the flat has a loan of 2 crores from a finance company on the apartment which is in debt and also owes 60 lakhs to a private financier. The owner is not being able to pay emi to them and bajaj is wanting to go for an auction. If i want my money back ,who will pay me ? And if i was want that flat i am being demanded more. Please help me.
Answers (2)

Answer #1
952 votes
Bank has stronger better rights over property than you. You can just ask for premptive rights over this property, and if Court thinks fit, can give you premptive rights in limited time, wherein if you clear their account and get absolute right. And if you fail the. Property is in open auction. This is all arbitration if banks agree so.
Answer #2
612 votes
Firstly, how did you pay the money ? i.e by way of a cheque or cash

Secondly, is there any agreement of sale, registered or unregistered one between you and the owner ?

Thirdly, the flat owner has to pay you and you can surly file a money recovery suit against him and Re claim your money from him.

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