Jitendra Singh (Manage) 20 July 2015

Resale property with missing chain

I have purchased a Flat in a MVL Coral society in 2010. I am currently living in it. I have registry & possession in my name.

Background:

This unit was resale purchased. Original booking of the unit was done by Mr. Mahabir Singh, who died before completion of the project. After his death, builder executed “Agreement to sub lease” in favor of his wife Ms Lakshmi Devi. In the Agreement to sublease it is clearly mentioned on which date Mr. Mahabir died, who all are the legal heirs after him. He left behind his mother, wife & three children’s. It is also clearly mentioned that there is no objection to any of the legal heirs for the said agreement to sublease in favor of Ms Lakshmi Devi.

This property was purchased by me through MVL marketing staff. There was no dealer in between.

I had taken Home loan from Axis Bank on the property which is still continuing smoothly.

Issue:

Now I wanted to transfer my Home loan from Axis Bank to PNBHFL. The legal of PNBHFL asked me to submit certain documents which I never received.

The PNB lawyer asked:

PNB Lawyer: Provide original letter of allotment.

I don’t have it. Axis Bank also does not have it.

PNB Lawyer: Arrange it from builder…

I meet the MVL official & asked for the same. They told they have not issued allotment letter to anybody. They have done Agreement to sublease, i.e., Builder Buyer agreement only.

PNB Lawyer: Death certificate of Mr. Mahabir & NOC of all the other legal heirs of Mr. Mahabir is required. As this shall form the basis sublease.

I asked for same from the builder but I was refused as these are legal documents of other person so cannot be handed over to me.

PNB Lawyer: Title of your property is not clear unless you have proper connection from you to your saler & up to original allotted is not established in black & white.

Jitendra Singh

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2 Replies

Jitendra Singh (Manage) 20 July 2015

Query: I have copy of registry in my name, I have letter of possession in my name, I have the Agreement to Sublease endorsed in my name. I have maintenance agreement in my name, I have Electricity bill, LPG connection, all in my name, on the address of this Flat. Question>> 1. Do I need to have the copy of Letter of original booking/allotment ? 2. Do I need to acquire the basis of transfer of the property from a husband to his wife after his death, ie., proof of being husband & wife, the death certificate & NOC from Mother & a major daughter which is already mentioned in agreement to sub-lease? 3. With the above said property documents is title of my flat not clear?

Subash M R (Advocate) 20 July 2015

1)It is a non existing document.

2) Instead of asking to the builder,you should have asked to the legal heirs of Mr.Mahabir Singh. Your bonafide is that it was clearly mentioned in the agreement to sublease that there was no objection to any of the legal heirs for the said agreement to sublease in favour of Mrs.Lakshmi Devi,

3) The former are your property title documents and the latter are subsidiary documents relating to the title documents.

Thanking you,