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Nasim (Admin officer)     09 April 2013

Housing loan repayment

Dear Sir,

I have purchased a property in virar for Rs 26Lakhs  in 2010. We had done a downpayment of 8 lakhs. and the balance by a housing loan . The downpayment  was done by  my mother in law and us  and had made a gift deed for the same. The property is registered in my name as the housing loan was taken by me. After the possession of the property  in April 2011 we were residing together for a month. But after that she has asked us to evacuate the flat. Until then we were paying the EMI but after we were asked to leave from there we have not payed any emi. She has defaulted the payment from last 4months and the bank is harassing us.

She is secretly planning to sell of the property by making some legal documents without our knowledge and get away with the cash after selling the property

I am not in a financial condition to repay the loan nor can i take another housing loan for 20yrs. due to which we are forced to stay in a rented apartment. Kindly let me know how should i proceed .

 

 



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 1 Replies

sibojyoti chakrabarti (advocate)     11 April 2013

Dear, 

         Since the property is in your name she cannot do anything without your signature, and if you are having any such apprehensions you can inform the bank, from where you had secured the loan.

Further the property will be difficult to sell since before buying any property, any person of common prudence will do due diligence and in doing that he will come to know that the said property had been bought by means of a loan and is not free from any encumbrance, since until the loan is repaid the property cannot be sold. 

Finally since she had gifted the property to you it is presently yours as per the transfer of property act, gift once made and accepted is usually irrevocable. A Gift deed can only be cancelled by filing a title suit in a court of law, other than that the property vests in the donee that is the person to whom it is given.

 

With Regards;

Sibojyoti Chakrabarti

EMAIL: sibo.chakrabarti@gmail.com

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