I am not sure if I am understanding the law incorrectly or it is a mockery in itself.
- Can someone enlighten me with the rationale of demanding Mutation of the property in one's name post Registration and why this process is not mandated before Registration?
- Property is a one time affair for most of the Indian citizens. With limited knowledge of the laws in practice especially with regards to investing in a property which will be a second ownership, what mechanism is in place to safeguard the rights of the buyer? Because I ended up paying INR 67,000 to compensate my limited knowledge but to no avail.
- Can I legally claim INR 14,000 to be paid by the Seller for the period before registration was concluded in my name?
- Can I hold Bank responsible for clearing the property with clean chit while there are still GDA dues against the property?
- Can I legally challenge GDA as they never raised the request letter/demand letter for the so called GDA maintenance charge?
See specifics below:
I bought a property on loan in Shipra Suncity, Indirapuram (Joint Venture Project - Ghaziabad Development Authority & Shipra Estate (P) Ltd.) at the sale price of INR 57,00,000.
I was charged INR 50,000 by a person who, in principle, agreed to get all the dues against the property cleared.
I was charged INR 10,000 (~) by the Lawyers in registration office. I ensured the dues against House Tax, Sewage Tax & RWA Maintenance charges were cleared before Registration of the property as per the requirements highlighted to me by the registration office. This was also a painful experience of rigorous follow up from my end, though, as a first time invester.
I was charged INR 7,000(~) by Syndicate bank for legal opinion. Post which I was issued a No Dues Certificate and the loan amounting to INR 25,00,000 was sanctioned/released. The property was then registered in my name. However, it was mandated by the bank to get the mutation of the property completed to enable them to mortgage the property in the event of non-payment of the loan.
I am charged 1% of the sale price to get the property mutated in my name for GDA. Apart from which I am being now told that there are maintenance charges amounting to INR 14,000(~) due against GDA on that property for which there was never a notification sent to the original owner.