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Sanjay (MD)     31 January 2013

Pls guide us-is my property safe after registry/sale deed???

Dear Emminent Lawyers,

we are from a lower middle class family and have bought a second  apartment with our savings of last 10 years and a bank loan from HDFC. we intend to get your specialised advice on the below case.

Summary in Gist:

I have bought a second hand property in May 12 with someone in Hyderabad. I have taken a bank loan of 18 Lacs from ICICI Bank and I have done registry in May 12 in Sub Registrar office SR Nagar. I have paid entire amount before the occupation and I have taken occupation on 1st Jun 12. We have the xerox link document and Sale deed with us but we still feel ensecure(Original is with the HDFC Bank).

After 7 months I get to know that the property was on the name of one husband and wife and husband used GPA and signed the document on the behalf of his wife as well. now after 7 months his wife has appeared from nowhere and claiming that GPA was fake (though they have not filed any case on this property till now, at least I am not aware about it). I was told by the husband that his wife live abroad so cannot come here for signature so he would sign off on her behalf.

Me and my wife are worried now we have done everything legally i.e. Registry/Sale deed and Bank Loan, what if this property becomes disputed property. we have put the saving of our life to buy this apartment and followed the rule of the law. we also have the link documents with us.

please guide us what all precausions we should take now and can the previous owner harm us even after paying the registry amount of approx 2 Lacs and taking house loan of 18 Lacs. Please guide us.

kindly extend your help in guiding us, as the previous owner family is claiming that GPA provided by the previous owner is fake. please guide us. we have put our savings of last 10 years in buying this apartment also took a loan of 18 Lacs from HDFC bank.HDFC bank has kept the originals with it since there is a loan of 18 Lacs.

Best Regards,



Learning

 1 Replies

Advocate Vishnu (Advocate)     01 February 2013

1.DO you have a original copy of the GPA , which the wife has given to her husband...? 

2.Is it a registered GPA...?


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