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I am staying in a rented house for the past 25 years. I decided to purchase the house and paid the agreed sale consideration to the owner of the house. The owner of the house executed a GPA in my favour giving me power to register the property as per my wish. All of a sudden he has cancelled the GPA and he is refusing to register the sale deed. Now he says that the property is under mortgage to a bank. What is to be done?

- by B.M. Srinivas, Hubli

Before executing a mortgage the bank officials come and inspect the premises with your permission. The bank will have the first charge on the property.

At the time of making the full payment, you should have taken the original documents of title, which obviously you have not done. Since he has already taken the full consideration amount and concealed the fact of mortgage, the owner’s action amounts to cheating. If you have documentary proof for having paid the full sale consideration amount or an  agreement for sale  duly signed  by you and the owner confirming the receipt of the sale consideration amount, then  you have a case. Otherwise, it is very different to safeguard your interest. 


These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.


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