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Anil   09 January 2024

Gift deed right to construction

Sir, 

My father has gifted me the right to the ground floor roof by executing a gift deed in my favour along with the piece and parcel of land there in of 1032 sq feet. But right to construction is not mentioned in the gift deed by mistake. My FATHER  DIED in 2019.I have already constructed the 1st floor with approved site plan and sanctioned plan. No objection was raised by my father when he was alive.Now I want to sell my floor. When my buyer place the copy of the gift deed in the bank for loan, they rejected the loan approval because RIGHT TO CONSTRUCTION is not mentioned in the deed . What is the legal course of action to resolve such error. So that, banks shall approve the loan for my buyer. 

Thanks&Regards, 

Anil Barui



Learning

 2 Replies

Real Soul.... (LEGAL)     09 January 2024

When the land is transferred in your name then there is no objection to any construction thereof. You need to transfer the property in your  name first.

T. Kalaiselvan, Advocate (Advocate)     09 January 2024

The bank should not have demanded the right to construction deed. 

You may change the bank 


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