How 2 get absolute title of flat purchased
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 24 October 2013
This query is : Resolved
Sir, I have purchased a flat from 1st owner lying at kalyan, however as the said flat was mortgaged with LIC towards borrowing loan by the 1st owner and therefore i have before executing the Registered Agreement for sale had cleared all dues towards loan amount on behalf of the 1st and LIC has given the requisite NOC for the same and handed over the Original 1st owner's flat Agreement to me which were in their custody. Subsequently, thereof as the flat lying in registered co-op hsg socty so therefore I have also cleared its dues amounting to 1.5lakhs and obtained its NOC and subsequently after complying and clearing all requisite I got registered the agreement for sale in my favour and taken the 1st original flat agreement in my custody. Now the grievance is this that when after registeration I applied before the Society for transfering the share certificate and flat society raised a objection that the 1st flat owner had purchased another flat in malad and availed loan of Rs.22lakhs from ICICI BANK on that Malad flat and as he became defaulter to pay EMI over that flat so that ICICI Bank served a notice to society that they should allowed anyone to retain in possession over the flat which I have purchased, however the fact is that the 1st owner has never mortgaged, sale or tranfer my flat to ICICI BANK and the ICICI BANK is not custody of original 1st flat agreement as the same is lying with me. Sir therefore in this instance how should I get tranfered the said flat in my name, I have cleared and payed all dues over the said flat. As one the basis of that ICICI BANK letters only society is not transfering The said flat in my name. What are the remedies in such instances
ajay sethi
(Expert) 24 October 2013
you are bonafide purchaser . you have cleared all outstanding dues of the society as well as LIC . society is bound to transfer flat in your name particularly so when LIC has given n dues certificate . if society is refusing to transfer flat complain to registrar against the society . ICICI bank can take recovery proceedings to recover its outstanding loan . the malad flat must be mortgaged to ICICI BAnk
Rajendra K Goyal
(Expert) 24 October 2013
Send legal notice to ICICI Bank. Complain about the society to Registrar of society.
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 25 October 2013
Sir, m not getting one thing that under SURFA Act and DRT COURT, how bank can proceed against that flat which is not even been mortgaged or whose original title sale deed is not in custody of bank.
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 25 October 2013
Basically what locus do that bank have when loan was not been borrowed on our flat and to serve on a notice on society directing Not give NOC on our flat from been get transferred
