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Purchased Non Existing Property On Bank Loan


08-Sep-2023 (In Property Law)
I have purchased a DC converted property in Bangalore in Jan 2018 on Bank loan. After one year I came to know that the seller knowingly sold the non existing property to me. Though he claims that the property exists. Please guide me how can I proceed further to get my money back. Can I give complaint to the bank that seller has cheated me and will bank take any action against the seller? What will happen if I dont pay EMI, will the bank attach the property to itself and close the loan? Thanks In Advance, Ramesh
Answers (3)

Answer #1
792 votes
Sir, you can issue a notice against the seller to return back the money and cancellation of registration of sale deed. If no response within 15 days, you can file a case against him within the jurisdiction. You should pay the loan, if you don't pay the loan bank can recover the loan through attachment of the same property.
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Answer #2
543 votes
I need to take a look at the Documents that has been given to you. Firstly you must file a PCR against the builder and other accused (If bank also has played any role). For the purpose of attchment again i need to see the properties listed in the schedule of Mortgage agreement.
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Answer #3
808 votes
If you obtained a bank loan for purchase of the property, that is, it's a housing loan, then the Bank would also have done a Due Diligence. Banks are very strict and don't grant loans without proper documentation. So chances are that the property might exist. How did you find out that the property is non existent? Track the previous owner and find out. Secondly have you registered the property? Even for registration or agreement to sale the seller has to provide property documents such as original sale deed, encumbrance certificate, khata certificate and tax paid receipt. These documents can also help you trace the property.
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