Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pamaraju Bala Murali Krishna   22 March 2015 at 12:41

Query regarding unregistered mortagage loan

Dear Sir,

I bought a site in Dilsuknagar, hyderabad in 2012 and started constructing house.

After registration, we noticed land owner put wrong plot nos in the registration document which we did not noticed initially. Later, we got it rectified in Sub registrar office.

Also, Landowner not handed over link documents during registration and replied saying documents lost for a lawyer notice.

After 3 years of struggle, construction work almost completed with remaining 10%. A week ago, Indian overseas bank manager visited our site and told us that land owner has taken 40 Lakhs loan on this property in 2011 and which is unregistered mortgage loan.

This situation made me think it as suspicious due to following reasons; could you please to clear my doubts and advice me the next action to be taken


1) Is bank allowed to give 40 lakhs unregistered loan for a property worth of 30 Lakhs?

2) Is bank can give loan without registering it in sub registrar office?

3) Why bank not taken action against the loan defaulter for 4 years?

4) Is bank allowed to take action against the new owner?

5) Can we continue with our construction work as bank manager told this verbally and without any written notice?

Thanks in advance,

Murali




Anonymous   22 March 2015 at 12:10

stump duty on gift deed

Please tell total cost of gift deed from mother to son...as its bold relation.


Anil Kumar   22 March 2015 at 11:15

Seller of house filled one time lease amount, what does it mean?

I recently bought a house, the land was on lease from the Jaipur Development Authority. Around 6 years back, this land (which belonged to the JDA) was under encroachment (kabza), and the government at that time allowed such people to get a legal right on such lands. Then it was converted to a (99 years) leasehold land, which was initiated by the seller. Everything was approved and legal.

2 years back seller paid the one time lease amount and got a certificate. It states that so and so house is free from any lease payment in the future, but the term (like 99 years etc) is not written in it.

The seller claims that this certificate means that the land is VIRTUALLY FREEHOLD, and we don't have to bother about the lease even after the term of 99 years. I am confused about this. I don't seek to take any actions, just for clarification. It didn't affect my judgement for buying the house.

Thanks in advance.

Sudam   21 March 2015 at 16:12

Builder has not given possession letter & parking allotment letter

Hello Sir,
I Purchased 2BHK Flat (Done Agreement) in April 2014. I got Flat Key in May 2014 and started Staying in Flat from Same Day. Builder is asking money for Covered Parking allotment letter, by taking money he has given Parking allotment letter to other Flat owners. When i asked On which basis parking you are selling and giving Parking Allotment Letter and also i told him couple of Poor Quality Work concern. And same problems are common for other Flat owners also. From That day till now Builder has not given Possession Letter as well as Parking Allotment Letter. He did Flat registration in Grampanchayat for other flat owners except mine.
Please help me to overcome this issue.

Achintya Lahiri   21 March 2015 at 15:50

Protect the interest of 44 members of juhu sea queen chs ltd

Dear Sir, request for kind advice where unknown person is attempting to purchase the land on which our Juh SeaQueen Society CHS Ltd is located with a 100 year lease agreement between the land owner Gomes and Builder Rahejas. How should we respond to this Public Notice to protect the interset of 44 nos flat owners in our society. Best Regards, Achintya Lahiri

Public Notice on Page No: 10 of Free Press Journal Mumbai Edition on Saturday 21st March 2015 :
Take Notice that our client intends to purchase from 1 ) Mr.Berchamans Gomes son of Joseph Bruno Gomes 2) Mr.Mohmad Afzal Sheikh Jumman 3) Devsaran Shivnath Sharma the reversionary righst in respect of the plot of land as described in the schedule hereto below written, free from all encumberances and reasonable doubt, however subject to the lease deeds more particularly dated 24-06-1972 and 10-03-1980 and the rights of the premises purchasers of the buildings known as " Juhu Sea Queen " and " Juhu Neptune" who have formed cooperative housing societies known as " Juhu Sea Qeen CHS Ltd " and " Juhu Neptune Apartment CHS Ltd" repectively. Any person having any claim or right in respect of the said property described in the schedule hereunder written by way of inheritance , share, sale, mortgage, lease, lien , license, gift , maintenance , possession or encumberance howsoever is hereby required too intimate to the undersigned within 14 days from the date of publication of this notice of his such claim , if any with all supporting documents , failing which the transaction shall be completed without further reference to such claim or claims if any of such persons shall be treated as waived and not binding on our client.
The schedule above referred to
The plot of land bearing survey number 16, Hissa Number 3 , corresponding CTS Number 972 of Village Juhu , Taluka Andheri ,Mumbai Suburban District , admeasuring 6,253,90 square metres situated lying and being at Juhu Tara Road, Opp Hotel Sea Princess, Juhu Mumbai 400049
Sd/-
M/s A.V.Jain Associates
Advocate for the Intending Purchaser
26, Darashaw Building
24, Jambulwadi Dhobi Talao
Mumbai - 4000002
Place Mumbai
Date: 20-03-2015

Member (Account Deleted)   21 March 2015 at 10:44

Builder is not giving possesion & parking allotment letter

Hello sadfasf

sadfas

asdf
a
sdf
sdaf

ravi   20 March 2015 at 18:29

Commercial use of residential flat

One of our neighbour (residential flat) running coaching class which make lots of noise and parking issues in society. also unknown people started coming in society.

I have made complaint to assistant registrar (co.op. hsg. soci.) (Maharashtra-Panvel 410206) for advising society to restrict such commercial use of residential property. Assistant registrar formally replied in writing that this issue does not comes under his powers and he has no role to play.

Please guide me, where to make complaint to stop this illegal activities in society.

Note: Society has given permission to run coaching class.


Rashmikant Shah   20 March 2015 at 00:11

Trtransfer of property upon death

my father expired in mumbai. He had a residential flat in co open housinvm society in mumbai where he lived. He has nominated two sons in the society. As per his will, the property is to go to his six children (including two nominees). What is the procedure to be followed? Whether probate is required?

Sweety   19 March 2015 at 22:26

Property related

Deceased died intestate on March 18, 2011 leaving behind wife, elder daughter and younger daughter. elder daughter is a divorcee and younger one married to muslim on March 31, 2012 and converted herself into a muslim. she signed release deed on April 10, 2012 releasing her rights from suit property.

She filed petition claiming her rights in suit property on March 14, 2015 for cancellation of release deed.

Pl advice whether a converted Muslim has any rights over property of a Hindu deceased and related case laws...

CCP   19 March 2015 at 20:01

Stilt parking repair resposibility

espected Sir / Madam,
In my society of 56 Flats (near Mumbai), we have 19 stilt parking's sold by builder to 16 flat owners prior to Supreme court judgement about parking rules. As such they seem to be illegal since none of them are registered.
However, the Society has written the flat owners "flat nos" in all the parking lots and are charging some nominal amount per vehicle parked under them.
Recently, the parking ceiling plaster of the collapsed and needs repairs.
Parking owners (including Society office holders who are also parking owners) have mislead us by clubbing Beam/column repairs with their parking ceiling cost and passed resolution for all flat owners to contribute to the total cost (including parking ceiling).
Some of us have protested later on and have not paid the money and parking owners are shamelessly arguing for every one to contribute for their parking ceiling repair.
Q1 - Do they have any rights to ask non-parking owners to contribute to their parking repair expenses ?
Q2 - What remedy do we have against the repair cost being dumped on us for their personal parking ceiling ?