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JaiHind2010 (Owner)     26 July 2010

Housing Loan Sanction/Disbursement

This is a case for specific performance. If I have to prove that I am ready and willing to pay the balance amount as a buyer what  evidence I need to submit? I have submitted a loan sanction letter from my bank as evidence in the Plaint to prove my readiness and willingness.  Is this enough?

The seller has in reply said I was not ready with the balance money as my loan was not disbursed by the bank.  Should I have to further prove that  the loan amount was in my account to prove my readiness? Is not the sanction letter good enough or must I prove that I performed the conditions of the loan sanction (example, payment of processing fees, signing of loan documentation)? 


 5 Replies

Devesh A. Bhatia (Advocate)     26 July 2010

You should have enough money in your bank account on the day of registry to pay for the purchase. In present case, since you are getting a loan a letter from bank stating that you have been sanctioned this loan and you have completed all formalities regarding the same is neccesary. Sanction letter does not itself clears the picture as many loan application get rejected at later stages. 

A letter for lending bank stating that you had enough funds at your disposal at the time of the execution of the contract will suffice. 

1 Like

JaiHind2010 (Owner)     26 July 2010

Problem is my housing loan was not processed/disbursed and I am unable to show ready funds availability in my bank account.  Can I show account stattement of my father-in-law and say he was willing to advance me the money instead? I could have taken money from other ssources and paid the seller also. Readiness does not mean I have to have money with me all the timeed?  I said in my plaint that I have loan sanction but I can also change that to show I have money from other source?

SHIRISH PAWAR, 7738990900 (Advocate)     26 July 2010

Dear Mumbaicase, Bank sanction letter is sufficient to show readiness and willingness you filed the bank sanction letter alongwith payment of process fees and other documents, and also state that, in event if court order you can also arrange the money by taking loan from relatives also. regards

Devesh A. Bhatia (Advocate)     26 July 2010

In this case you can get an affidavit signed by your father in law that he had an agreement with you to finance such transaction on the respective date. You father in law must have had the funds in his accounts on the date of the transaction. 

JaiHind2010 (Owner)     27 July 2010

I have not paid loan procesing fees so the loan sanction expired after 45 days.  I made a mistake in the Plaint by showing only loan sanction letter. I did not mention I had money from other sources or lead this evidence. So if seller accuse me of not having ready money then can I show other evidence even though I did not mention it in plaint?

Can I show balance in my employee provident fund, post office savings certificates? or required all the monies to be accumulated in one account?

Also I did not prepare draft or final sale deed because it is not mention who is preparing this in agreement. whose responsiblity if not mention in agreement?

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