Rishi 27 December 2016

Title over construction on roof of 2nd floor

Sir

I am working with PSU Bank as credit manager. In case of a housing loan, district court has refused to give possession of 3rd floor of the property under SARFAESI since as per sale deed, borrower cum owner of property has only right over 2nd floor with roof rights.

As per my view, since bank has created EM for 2nd floor with roof rights, so bank has right over 3rd floor also and court should permit same.

Please share your views on topics.

Thanking you in anticipation of your response, waiting for same.

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2 Replies

G.L.N. Prasad (Retired employee.) 28 December 2016

Consult your legal dept., and act as per directions of your superior authority, as you are subordinate and should take enough precautions and avoid taking decision on your own, and should always involve and act only as per written directions of the superior authority. Every PSU has got several eminent advocates as standing counsels and let superiors use their service. When there are paid legal counsels, do not take your own decision depending on the replies in open forum.