Clarification regarding resale of mortgaged property


my one of friend buyed an flat from builder which is under construction after few year he come to know tht flat is mortgage in bank against some loan of builder so what can be done now??? who is guilty and what can be done

Answers (1)


344 votes

Dear Citizen,
You need to immediately file an application under section 31 of RERA Act before the Real Estate Authority. You have been cheated by the seller. No builder is allowed to sell a flat which is under an encumbrance without setting off the liability against it. Builder has violated S.19 of the Act. Further, you can also file an FIR under S420 and 406 of IPC as the builder has cheated in selling you such property.

However title and property due diligence needs to be done by buyer(you) before making any such investment. It is recommended that you should ask a lawyer to carry out necessary background search next time.

The best recourse for you right now is to move to RERA and make an online complaint. It would be advisable that you pray for your entire money + litigation cost and interest from the builder.
Regards,


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