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Queries Participated

Ravi   23 October 2015 at 01:33

Legal documents to be obtained from builder and bank

Respected Sir/Madame,

I purchased an apartment in Chennai from a so called reputed builder who has simply siphoned the money and stopped the construction.I took loan from AXIS Bank towards this apartment.

However, the builder or the banker didn't advise me of the below details at the time of entering in to agreement with the builder and AXIS bank 3 years back. The builders project was financed by Bank Of India. Recently the building was sealed by the local panchayat and removed by them recently.

1. Can AXIS bank approve a home loan when the property is already pledged to BOI by the builder? If they should not approve, then what type of crime has AXIS Bank committed?

2. What are all the legal and mandatory checks that AXIS bank should have performed prior to approving the home loan.

3. Should the builder show me the NOC before i entered into agreement with them in Chennai or should they disclose it to AXIS Bank directly?

4. The bank never sent me a copy of the tripartite agreement which I entered with them at the time of taking home loan with them. Till date they have not provided me a copy of the same. Is it mandatory that AXIS bank share a copy of the tripartite agreement with me?

5. Should the builder disclose in his construction agreement/agreement for sale that the property is pledged to BOI and that NOC is obtained from BOI for the UDS that is alloted to me in the agreement?

6. The bank failed to provide me bank engineer signed stage certificate which is a mandatory check that each Bank had to carry and send a copy to the customer that the bank's engineer had visited the site and is satisfied that the construction is happening and that I can release the next payment to the builder. However, AXIS Bank failed to provide a copy of the same before releasing the payment to the builder. Please advise under what section should i file a case against the bank, is it criminal or consumer court?

7. What are the mandatory documents that the builder should have disclosed before entering into agreement.

8. What are the legal documents and checks that I should have insisted from the builder before entering in to the agreement.

9. What type of case should I file against AXIS Bank for not being transparent with me when I entered in to Home Loan agreement with them.

Please advise for all the points as I am wishing to proceed legal actions post your advise.

Thanks for your help.

Regards,

Ravi

Sushil Paradhe   22 October 2015 at 21:37

Need procedure to transfer property (Flat)

I own a residential property (Flat) in Navi Mumbai, Maharasthra. My father is co-owner in that property whom we lost in year 2011. I have paid for everything and been paying all EMIs for that property. I have Mother and two younger brothers. Now I have applied for home loan transfer and that particular Bank wants me to be sole owner on paper. My mother and brothers do not claim anything for that Flat. Could you please guide me with procedure to put me as single owner for that property. Thanks in advance.
..... Sushil S Paradhe

kajaljaiswal   22 October 2015 at 11:56

Who can become an associate member

Experts,
My query is regarding Co-operative Housing Societies. Who can become an associate member in a housing society in Maharashtra? Can a person who does not have his name in the Agreement for sale become an associate member?
Your Reply would be of a great help.

Awadesh   21 June 2015 at 16:40

Home ownership transfer.

I've taken a home loan, for the property at jalandhr,punjab, with my elder brother and father. My brother is the main applicant of the loan. we all three have the name in property registry. problem is that I'm only one who is paying the installment since start. so what I want to remove the name of other from loan as well as property registry. I went to bank for the same but they said that they can not do this and can't provide registry for transfer. please suggest any way

kumar   20 June 2015 at 17:30

illegal transfer of property from joint holder to family nam

Greeting to experts forum...myself kamal mitra residence of vaishali sec7 ghaziabad. At present am staying in Abuja, Nigeria for 3-4 years. Am married in Nigeria and staying with family....
I have a case of illegal transfer of property which is jointly hold by me and with my brother. Now my sisters are saying that elder brother has changed the WILL and put his wife's name on it..he used my old power of attorney which he asked me for changing the bank loan details..it was 2-3 years back..I left India since 2010 and never came back india due to some reason or other. Now am fearing that he will sell the property without my knowledge the way he changed my name in the property after I refuse to sign the general power of attorney or the document he sent me few months ago. I still have the details. It will be really great full if anybody can guide me what to do and how to do!! If I recover my old copy of the power of attorney from the Indian embassy here and also make a new power of attorney to prove the difference between them...how can it help me and how fast...is their any way that I can register F. I. R from here through any NRI cell/ helpline..
Best regards,
Kamal from Abuja, Nigeria.
+2348087318764 , +2348109713286.

PRASHANT   07 June 2015 at 19:00

Civil case : honourable allahabad high court

Respected all experts,
I am also an advocate practicing in Criminal and taxation matters.

Crust of my problem is that a partnership firm K.L.B. consist of my father and my late grandfather filed a civil suit in near about 1965 for recovery of sum amount due from respondent. Thereafter K.L.B. obtained decree against respondent.

Now there was a notice from honorable High court of Allahabad regarding death of lawyer of K.L.B. and in that notice there was instruction to appear, on next date , through another advocate or appear in person to carry on the proceedings of the case.

I want to know if K.L.B. don’t want to contest or not appoint another advocate then:

1.What will be outcome of the case on next date fixed for appearance in the case, if K.L.B. is not present either through its new advocate or through their one only surviving partner:

2.Whether suit will ex-party against K.L.B.

3.Whether there will be any other disadvantage to K.L.B.

4.Whther respondent will be able to got decree against K.L.B.

Please , its my humble request to all experts here to give me right advise so that I can be able to reach right decision.

Advocate Parshant Kumar Agarwal

Vishav   26 May 2015 at 16:31

Cheated by builder

Hi. I booked a flat by a reputed builder some three months ago. As per the brochure, it was a big project with a large green area that boasted of jogging track, sports centre, various water bodies etc. Now recently, the builder updated the layout on the website with all those facilities missing. On being asked, he responded that the whole area is owned by the Noida Authority and they are responsible for developing it. Does it amount to fraud and cheating as I was promised something else and being given something entirely different. The actual area of the project is less than advertised. The facilities being provided are less than half of what was promised in the brochure.

What action can be taken in such a case? Please advise.

dimplekumar   24 May 2015 at 19:39

About Registery Process

Registery of our house is on the names of Three brothers. now they wana to transfer the same between only two of them. what will be the charges for the same.?

Tichra   24 May 2015 at 15:22

Getting on construction on my property

Hi there,
I have got a ancestral property on which a local politician is trying to build boundary on the property. I have tried getting stay but his lawyer is not appearing in the court and getting dates postponed. After 1 week the courts will be closed for a month and I am afraid, he would misuse his power and construct the boundary on that land where I will not be able to help.
Can you please advise what option do I have?
Regards,

arun kumar   23 May 2015 at 09:59

Transfer of flat in joint owners name.

Sir,
One of my neighbor who is joint owner of a flat in co operative society seeking information on following points.
1) He is a Nepali who since his childhood working as a maid in the house of first owner who is a Parsi. After his marriage the first owner had purchased this flat and registered the documents jointly, in which Parsi being the first and Nepali being the second owner.
2) As the flat is in exclusive use of the second owner i.e. Nepali & The first owner is willing to transfer his share in the name of second owner i.e. Nepali. The first owner had made an RELEASE DEED in favour of the second owner.
3) The society is now objecting stating that this cannot be processed as both are from other religions and the release deed or gift deed can be issued to a person who is in blood relation.


Please provide remedy.