#prior mortgage

Chhattisgarh High Court rules that a purchaser of a superstructure without land title cannot override a prior mortgage under the SARFAESI Act, even with municipal permission. The ruling reinforces the primacy of secured creditors' rights over subsequent bona fide purchasers in property disputes.

The Andhra Pradesh High Court has ruled that a secured creditor’s prior registered mortgage takes precedence over a later civil court attachment, compelling registration of the SARFAESI sale certificate regardless of the property’s inclusion in a prohibited list. This reinforces the supremacy of secured interests under the SARFAESI Act and clarifies that administrative restrictions cannot override statutory priority rights of financial institutions.

Kerala High Court holds that execution sale cannot extinguish prior equitable mortgage rights; auction purchaser takes property subject to existing mortgage lien.