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Flat related

(Querist) 28 June 2016 This query is : Resolved 
I want to purchase a flat in Kolkata. But i am not getting home loan. My friend has taken a home loan in his name for purchas this flat in his name. Now how can I transfer the title from his name to my name
Devajyoti Barman (Expert) 29 June 2016
You can get this flat gifted to your name now.
Need more details to help further on this.
Feel free to contact.
Rajendra K Goyal (Expert) 29 June 2016
Your friend can not sell / gift this flat till loan is outstanding.
Sunanda neogi (Querist) 29 June 2016
The registration charges in gift deed is same as sale deed. We have not enough money. So tell me another way
Dalip Singh (Expert) 02 July 2016

See, Sunanda, you cannot get this flat transferred in your name till the loan of the bank is fully repaid. Transfer of property pending the flat mortgaged with the bank is void abi nitio.

Since you have not given the complete facts, it seems that the repayment of the loan taken by your friend is being made by you to the bank. In this scenario (as we do not know the intention of your friend, whether malafide or bonafide). In case it is bonafide, good, you can get the sale deed executed in your favour on payment of entire loan but if the intention of your friend is malafide, the loan being repaid by you to the bank on behalf of your friend will be treated as paid by your friend and he will be the owner of the flat at the end of repayment of bank loan and he will not bound to transfer the flat in your favour. So, come with complete details to have fair opinion.
Sunanda neogi (Querist) 02 July 2016
Please help me sir what can I do to getting the title of this flat in my name
Sunanda neogi (Querist) 02 July 2016
Any agreement or any deed will be applicable in this situation?
Dr J C Vashista (Expert) 05 July 2016
How does your friend and his flat comes in the middle of your eligibility and credibility for grant/sanctioning of home loan consequently purchase of flat in your name? How these two things/issues are correlated?
Incomplete facts can not lead to form an opinion, therefore, seek services of a local lawyer.
Dalip Singh (Expert) 05 July 2016
You are already in a very critical position. Do not take any step before taking advice of senior lawyer practicing in bank cases. Or send the complete details of the facts:-

1. why you are not getting loan from the bank.
2. when you have no money how can you get the flat transferred in your favour.
3. when there is no loan in your name how can you repay, if paid, it will be treated to be paid by your friend in his loan account.
4. What type of help you get when you are not disclosing the facts.
5. What makes you become fool to get loan in the name of your friend when you are not getting loan in your name.

6. Any deed made by you friend in your favour at this stage is void pending mortgage of loan with the bank.




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