Debt ridden property to be sold while documents are with the lender
08-Mar-2023 (In Property Law)
While a property is in state of pledged with bank or lender, is it possible that the said property can be sold later, to third person who is, knowing all the fact, ready to take up the offer along with the seller's debt liability on the property? Is it legally valid that doing like that?, because the documents is with lender. So that...the property owner would be able to relieve from all his debt and the buyer
First you have to inform the lender about this transaction. Anyway for registration you will need the original documents and clear encumbrance certificate. If the lending is legal there will be mortgage deed which will reflect in the encumbrance certificate. So it's better to get a consent from the previous lender
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