Property Sale Without Consent

Summary

Selling a property with an existing bank loan without the banks consent in Karnataka, India, may not be valid. The e-stamp agreement might not be enforceable if the banks consent was not obtained. To recover the advance payment, the buyer can send a legal notice to the seller. If the seller does not comply, the buyer can file a civil suit for recovery of the amount.

Full Conversation

Even though there is a bank loan on the house, without informing the bank and getting the bank's consent, the owner of the house took an advance of * lakh rupees from the buyer, made an e-stamp agreement affidavit and signed the application by the buyer, writing that the money will not be refunded. Is this valid? And if it is not valid, please tell the buyer how to get the money back.
Could you please let me know which jurisdiction or location this transaction took place in? This will help me provide more specific legal information relevant to your situation.
Karnataka india
In Karnataka, India, the actions described may not be valid for several reasons:
- The property is under a bank loan, and typically, any transactions require the bank's consent.
- The e-stamp agreement might not be enforceable if the bank's consent was not obtained.
To recover the money:
- The buyer can send a legal notice to the seller demanding the return of the advance payment.
- If the seller fails to comply, the buyer can file a civil suit for recovery of the amount.
Do you need more details about the legal notice process?