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Kiran Mohan Revankar   23 April 2018

Sale deed

Dear Sir,
Recently I have bought a flat and it was registered as well as sale deed. I took the loan from bank to purchase this property.
Now bank called me and said this property was already registered in some other name as sale agreement.

What will be the future concequences.

Please help.


Learning

 11 Replies

Kumar Doab (FIN)     23 April 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion in writing alongwith all property related docs, search report etc 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)     23 April 2018

Did you obtain proper legal opinion beforehand from your own very able counsel as suggested above?

If yes, what was IT?

Your own very able counsel must have reported the defect as posted by you and saved your hard earned monies!

Did lender narrate in any of the written communication that borrower has to pay for legal opinion from bank empanelled Lawyer/Law firm and has to pay the FEE?

Did you pay the FEE and get the legal opinion?

If yes, what was IT?

Kumar Doab (FIN)     23 April 2018

Do you have authenticated copies of loan brochure, loan offer, loan agreement, loan approval, legal opinion on property, loan statements… ?

Has bank made just phone call or supplied a written communication also?

The lender/bank may still ask to pay the debt!

Without any delay approach a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT/consumer matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt ………..and act further under expert advice of your counsel..

 

 


(Guest)

Prior to purchasing your flat, did you/your lawyer conduct a thorough property title search/due diligence report to find out antecedents of the flat? If  you/your lawyer had conducted TS/DDR or even gone throught land title clearance certificate, you/he would have immediately known that (prospective) flat had already been sold to a third-party.

There is little you can do, except to fight it out in court,

Kiran Mohan Revankar   23 April 2018

I made the loan in one of the repited public bank of India and I paid the legal fee as well. After completing all legal formalities bank provided the loan.
After all these formalities Sale deed registration done and bank has handed over loan DD to buidler.

Kiran Mohan Revankar   23 April 2018

My other request was,
With whom ownership will remain now?
Is it with the one with whom initial sale agreement done or with the one with whom sale deed is done?

(Guest)

The entire sale transaction itself is void. Possession of title still vests with the original owner who first purchased the flat; whose name is there on the SRO records. Evidently your lawyer has lied to you, if you engaged his services. Or there has been an error on part of the searcher party.

Kiran Mohan Revankar   23 April 2018

Dear Sir.... Initial registration is not a sale deed. Its registration of agreement by paying just 14 lack. The registration which I did was sale deed by paying actual price of the property.

R.Ramachandran (Advocate)     23 April 2018

Dear Kiran Mohan,

At least now, why dont you approach a property lawyer in your area and consult him by showing the documens in your hands and the letter received by you from the Bank?

Kiran Mohan Revankar   23 April 2018

Sure.... Will do that... Thanks every one

Kumar Doab (FIN)     24 April 2018

Dear Mr. Kiran Mohan Revankar

Get authenticated copies of all stated documents and legal opinon etc from bank and approach your own LOCAL counsel ASAP.............

You can very approach forums that are pointed out and suggested by your own counsel..


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