Advise / neccesary action to be done required
Sunny Arora
(Querist) 10 February 2014
This query is : Resolved
Sir,
One of my colleague bought a house on conditional registry.
Now He is about to pay full amount & take possession within a very short time.
but the problem is, yet Mutation (dakhil Kharij) of the property in Muncipal office is not done in the name of seller.
Still The same house is registered current seller to previous seller.
Kindly Advise
Can he face any difficulty in future & will it be done to my colleague name.
Pls send ur valuable advise ASAp.
Devajyoti Barman
(Expert) 10 February 2014
Mere mutation is not hurdle if the title is clear.
Mutation is not proof of title.
After sale deed the buyer can mutate the property in his name but do check whether much property tax is due or not as at the time of mutation all arrears will have to be cleared.
Sunny Arora
(Querist) 10 February 2014
Thanks for the valuable reply !
Sir, help us for one thing more.
current Seller of the house is wife of previous seller.
Husband sold to --> his wife sold to--> my friend.
So now the problem is, Husband (in present time mutation is in the name of him (husband)and also he submitted an objection in municipal office against transfer of name in favor of his wife.
Objection is, he did registry against loan taken from his wife. but nothing is like this also no legal papers are there for any loan & his wife made payment by taking loan from the bank & it is mentioned on her registry as well.
so is this objection will create any problem for my friend ownership.
Pls advise what should be done to solve above matter.
Thanks
Devajyoti Barman
(Expert) 10 February 2014
It is better to avoid this property. Though it looks ok but it is not wise to buy headache when properties without it may be available.
Sunny Arora
(Querist) 10 February 2014
Sir, We have already purchased said property on conditional basis (Coming march end is time to make full payment & take possession) & for the same registry have done in feb 2013.
that time his husband was saying to do transfer work of mutation in the name of his wife but now he is creating dispute to do the same.
Sir, Pls advise us as we have paid some money during registry time.
what can we do to solve the matter. & can be able to take proper possession with mutation transfer in our name as well.
Sunny Arora
(Querist) 11 February 2014
Sir, I am waiting for your valuable reply !!
Devajyoti Barman
(Expert) 11 February 2014
Give him a deadline beyond which you may cancel the agreement.
You can not wait for ever.
