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)

286 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.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience

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 and has been responded by one of the Property Lawyers at 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 or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles