IF A PURHCASER/AUCTION PURCHASER NEGLECTS TO VERIFY THE ANTECEDENTS OF THE PROPERTY, LIKE A PRIOR MORTGAGE, CHARGE OR TENANT LIVING IN THE PURCHASED PROPERTY, THEN HE HAVE TO PAY FOR THESE LIABILITIES OUT OF HIS OWN POCKET: THAT’S WHAT CALCUTTA HIGH COURT HELD IN “JNANENDRA NATH ROY V/S SHASHI MUKHI DEBYA”
Charge is entirely different from the a mortgage defined under Section 58 of Transfer of Property Act, 1882. If a mortgage (colloquially called “Girwi rakhna” in North India) of Rs.100 remains unpaid to the Mortgagee (the person who gives the loan on the security of the property) and the Mortgagee brings a suit for Foreclosure and Sale of the property whereby the property is sold for Rs.60 then the Auction Purchaser have to just pay the bidding amount to the Mortgagee and nothing more.