Whether builder can delete one name from the flat purchased in the joint name
yash
(Querist) 02 September 2014
This query is : Resolved
sir flat was purchased in the joint name of husband and wife and also loan from financial institution have been taken in the joint name and flat allotted was mortgaged to the financial institution and in the mean while certain dispute arose between husband and wife and after which wife given his consent for deleting her name from but as certain conditions have not been complied wife objected for the deleting her name from the flat . now builder threaten to delete the name from flat on the basis of affidavit submitted by the wife. kindly note that the agreement for the sale of the flat is not yet registered and how builder can delete the name without any registered documents as it clearly amount saving of the stamp duty and as it is mandatory to register the same . kindly advice and also furnish if any judgement are there for compulsory registration of the documents. the property is situated in Gurgoan. whether builder can delete the name without registered documents when huge amount of loan is disbursed in joint name from the financial institution.
yash
ROHIT SHARMA
(Expert) 02 September 2014
Dear Mr. Yash,
1. The document appears as to be an agreement to sell. It is not a registered sale deed.
2. The property can be mortgaged with the bank only upon a registered sale deed and not just on an agreement to sell. The original sale deed is required to be submitted to the bank for getting loan. The builder and the purchaser have to make a tripartite agreement with the bank.
3. Once the sale deed documents have been lodged with the bank then the name of the joint holder cannot be deleted.
4. Deleting the name from the agreement to sell is not lawful and has no consequences since the property is mortgaged to the bank and the loan is given in the name of both the joint holders.
5. You need to discuss the facts of the case with this lawyer so that proper conclusion can be arrived at.
6. You can get my contact details by clicking my name (expert) shown in the L.h.S. margin of this reply format.
7. Condition for remuneration of Rs. 500.00 towards legal consultation will apply. Fix appointment for such purpose.
ajay sethi
(Expert) 02 September 2014
from the facts stated by you it appears only agreement for sale has been entered into with builder . registered sale deed has not been entered with builder .wife has given affidavit to builder to delete her name in sale deed
since wife has with drawn her consent before deletion of name builder cannot unilaterally delete her name . further loan has been taken in joint names . so in sale deed name of both parties should be incorporated
ajay sethi
(Expert) 02 September 2014
from the facts stated by you it appears only agreement for sale has been entered into with builder . registered sale deed has not been entered with builder .wife has given affidavit to builder to delete her name in sale deed
since wife has with drawn her consent before deletion of name builder cannot unilaterally delete her name . further loan has been taken in joint names . so in sale deed name of both parties should be incorporated
Rajendra K Goyal
(Expert) 03 September 2014
It seems that sale deed has not been executed and the Bank has given loan on the basis of agreement with the builder. Wife submitted her consent to withdraw her name but builder did not acceded her request. If the consent to withdraw was duly taken back by the wife before it was accepted builder can not delete the name of the wife.
