Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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I wanted to take loan from sbi for a flat in hyderabad

(Querist) 03 October 2017 This query is : Resolved 
I had finalized a flat, which is one year old Flat and is being sold by its owner who got this FLAT as his share of property given to a developer for construction of Flats.

Detailed description below.

Person X bought 267 sq yards land from a society in 1983. She sold this land to Person Y in 1998.
Person Y has given GPA to person 'Z' on this property, Person 'Z' sold this to 'L'.
L has given this for piece of land for development to Builder 'B' for which L has got 2 Flat as her share.
I paid and advance for buy Flat from 'L' to buy one of the Flat.

Issue is,

Another person 'A' bough 593 sq yards of Land from same society as mentioned above in 1983.
In 1993, person 'A' died. 'B' claiming as only daughter of 'A' has given GPA to same person referred in case above i.e., 'Z', Giving death certificate. 'Z' then sold 293 sq. yards land to 'C'.
Later 'B' sold remaining 300 sq. yards to 'D', D has given this land to her daughters 'E' and 'F' thru registered Gift deed

Now., E,F, C,L entered in the development agreement with Builder and each one got their share of flats and most of them sold their Flats last year.
Now when I approached SBI for loan, SBI legal officer is asking for Legal heir certificate of 'B'.
As this transactions have happened almost 15 -20 yrs old and several registrations happened subsequently, Now, is that Legal heir certificate mandatory to sanction this Loan.
Other banks have already processed loan for the flats constructed in this building .
In such case, All those flats are sold illegal transactions.
Also, please note that all the transactions have been registered in the respective Sub Registrar office.
please clarify.
M MADHUSUDHAN (Querist) 04 October 2017
Any one please help with my query above with the legal opinion
Rajendra K Goyal (Expert) 04 October 2017
State Bank of India Verify the chain documents for last 30 years.

If their law department does not clear, you can not force to sanction loan.

No official would take risk to sanction loan for discrepant documents.


Dr J C Vashista (Expert) 05 October 2017
Loan processing procedure can be guided by law departement of your Banker, it is not a legal query.
M MADHUSUDHAN (Querist) 05 October 2017
Sir, I do value your opinions.
My query really is, if i need to get Legal heir certificate, which is for transaction which has happened almost 19 years back is highly impossible.
Also, All those trasactions which have happened until date on the above said property would become illegal.

So the query really is, if an successor claims property of her mother and does the transactions on that property, Can any other successor, After 30 years of these transactions can still come and claim the property or is there any time period after which they cannot make any claim.
It might not be a legal query, but please give your valued legal opinion in the case above.
Sudhir Kumar, Advocate (Expert) 10 November 2017
complete perusal of documents and site inspection is required to form a view in this case.


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