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the property under sale agreement has been mortgaged by owner


25-May-2025 (In Property Law)
I did an unregistered sale agreement in 2017 for a property. 2020 filed case and the Judge executed the sale deed in 2023 in favour of me . paid tax and acquired possession. without my knowledge he mortgaged the property in 2019 with NBFC and NBFC tried to acquire property in 2024 by court order (SARFAESi Act ). I objected and NBFC could n't possess. Me or NBFC have more right over this property. Any supporting previous orders for reference.
Answers (1)

Answer #1
906 votes
the nbfc has no right over the property since you are in possession on the basis of order passed by court with respect to the agreement for sale prior to the mortgage. bank has no charge over your property. the bank can take criminal action against him
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