2 flats registration in one paper

Querist : Anonymous (Querist) 22 November 2010 This query is : Resolved
Hello.

I am buying a flat a Nerul.

The owner had bought 2 Adjacent flats from the builder 2 years back. He did only one registration mentioning about 2 flats.

Now, I am buying his only one flat. My lawyer did my registration for one flat and given me a xerox copy of the fist agreement (between first owner and builder) with an stamping on it from the registrar.

When I gone for loan, my bank refuses to proceed with the file. They said that since the first registration was done for both the flats, owener cannot sell single flat. After long discussion and argument, they said that they will required the first agreement original documents also to keep with them.

Would required your help in this situation. There are few query listed below for your help.

1. Is the xerox which the lawyer given me was right ?

2. Is the bank was right ?

3. What if I required to sell the same flat in future.. that time also do i required the first agreement's original copy?

Kindly help
Nisar

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R.Ramachandran (Expert) 22 November 2010
Dear Anonymous,
If you have got the xerox copy of the original agreement (which shows two flats in the name of the seller) it is perfectly OK so long as the flat sold to you finds a mention in the original agreement.

Your bank is absolutely in the wrong. This is for the simple reason that if I have a document showing that I own 10 Acres of land, am I prohibited from selling only 1 Acre out of that?

There will be no problem in future if you wish to sell the single flat purchased by you. Your title is quite OK. The only thing is that the bank without adequate knowledge on the matter is objecting. I DO NOT KNOW WHETHER ANY ADVOCATE IS ADVISING THE BANK OR NOT.

Querist : Anonymous (Querist) 22 November 2010
Dear Ramachandran,

Thank you very much for your quick help.

Nisar

Sri Vijayan.A (Expert) 22 November 2010
1. Your Lawyer is 100% right.
2. The bank is 100% wrong. If the seller gives the original to you, what will do for the another.
3.There wont be any problem in re-selling the flat

adv. rajeev ( rajoo ) (Expert) 22 November 2010
when You are having regd., tittle deed of the one flat bank cannot reject or demand for the original sale deed.

Kirti Kar Tripathi (Expert) 22 November 2010
yes, your lawyer is correct and bank is absolutely wrong in denying loan. you can sell it without any hindrance. however, it better to keep the copy of original sale deed.