Change of property address in tripartite agreement

Querist : Anonymous (Querist) 30 December 2011 This query is : Resolved
I have booked a flat 3 years back on downpayment with loan from HDFC at crossing republic ghaziabad. Possesion is expected very soon. Got a letter from the builder few days back that i need to change the flat (Internally came to know that intentionnaly / unintentianally the same flat has been alloted to 2 parties. At the time of giving possession this was detected.) Asked me Instead of 807 take 607 in the same building 2 floors down.The builder says NOC from HDFC will do the purpose and a new tripartite agreement will be made and loan will get internally transferred. Is the transfer so simple. Even if it is done whether i will be able to do the registry of the flat.

I expect NOC from HDFC next week, that is what hdfc has promised, but i have my own doubts.

I have paid the 10% booking amount and 80% was financed thru HDFC. I have already paid back half the loan amount i had taken from HDFC.

Please advise the options i have.

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Deepak Nair (Expert) 30 December 2011
You are getting the NOC from the bank and also the assurance that the loan will be transferred.
Any ways, the transfer of loan will not create any problem at the time of registration.

Querist : Anonymous (Querist) 30 December 2011
Thanks for your prompt reply.

I haven't got the NOC yet, in case i don;t get the NOC what are the options i have.

If i get the NOC is the new tripartile (myself, builder and HDFC) agreement that i need to sign few days from now legal. Can this agreemnet refer to receipts of booking amount payment done in Sep-08. The original receipts are with HDFC. Do i need to take back dated receipts from the builder for the new flat (in my case 607). As i understand new papers need to be prepared and submitted to HDFC as mortage (receipts, agreements) etc and the old tripartite agreement done in Sep-08 will be replaced by the new one.

Is my understanding correct.

Devajyoti Barman (Expert) 30 December 2011
In the new agreement all the three parties need to sign. If that is done it would amount to NOC.
In the said agreement you have to clearly mention the change of flat but the booking amount would remain the same.
If all the facts are properly mentioned there is nothing to worry.

Shonee Kapoor (Expert) 30 December 2011
Agreed with expert opinion.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 31 December 2011
All depends how skill fully the new one is drafted recording proper recitals about past all relevant events and cancelling the former and substituting the newer one.

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