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AMITAVA MAJUMDER   18 May 2018

Bank claim based on a unregistered agreement

I have purchased a flat in 2010 from after getting a bank loan from HDFC Limited. I have all the original documents including Registered Deed of Conveyance. I have purchased the flat directly from the owner of the property. But few days back in 2018 the officials from a private Sector bank informed me that the said property is mortgaged with them. They have given loan to another person based on unregistered sale deed (between promoter of the flat and the another person), at the time of construction of the flat in in 2001/2002. As the some portion of the bank loan is not repaid the bank is telling the promoter to repay it. Otherwise they will encroach on my property. In this context it is noteworthy that I have purchased the said flat from owners allocation , the promoter has given possession letter of the said flat to the owner. Before my purchase in 2010 the said flat is mutated in the name of the owner only. My query is does the bank claim any right on my property for a a loan given based on a unregisterd agreement? What will be my course of action?


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 3 Replies

R.Ramachandran (Advocate)     18 May 2018

Without seeing the complete documents, and knowing the fact situation and on what basis the bank makes the claim etc. etc., it is not possible to answer your query "Does the bank claim any right on my property for a a loan given based on a unregisterd agreement?"

As regards your query "What will be my course of action?",  you will be well advised to get in touch with a local lawyer, show the documents in your possession, discuss the matter in detail and then take appropriate steps.

Kumar Doab (FIN)     18 May 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Kumar Doab (FIN)     18 May 2018

In the said year at the Location find out if IT was mandatory to register the agreement between promoter and said person.

Before the lender bank proceeds further for (Symbolic) possession or takes, approach a very able counsel ASAP.


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