Can rec officer attach surerity's flat in joint name in hsg.society
ADV-JEEVAN PATIL, MUMBAI
(Querist) 27 April 2014
This query is : Resolved
Dear Experts
Flat is in joint name of Husband & Wife in Society. Husband was guarantor to third party Borrower failed to repay. Recovery Officer(RO) attaching flat of Guarantor(which is in joint name). Wife is neither borrower nor Guarantor.
Husband has made Regd. Gift deed of his 50% share in Wife's favour much prior to become Guarantor. Wife has written submission to RO but rejected going ahead of attachment. Wife has now applied with transfer papers vide let. 19-4-14 to transfe 50% share on basis of Regd.Gift in her name.
EVENTS:
i] Joint Agrreement of flat - 24-12-98
ii]Gift Deed - 29-10-2009
iii]Soc.formed - 4-8-11
iv] Date of Loan by Borrower - Not Known
iii Deputy Registrar issued RC - 15-2-12.
iv] Bank's first let.to Soc. to creat lien - 28-6-13
iv (a)RO's first let to Soc create lien t -24-02-14.
v] RO's let.to Guarantor(on 26-3-14)Copy Soc.13-3-14
vi]Subn sent by wife jt. holder to RC on 24-3-14
vii)Let.ofRO rejecting (now attaching on 11-4-14) with copy to Soc. - 4-4-14.
viii)Wife Applied for transfer fully in her name. - 19-4-14
QUERIES :-
1] Can Society transfer flat fully to her.
2] Bank & Rec.Officer has written to Soc.
3) There are 1 borrower & 3 Guarantors. What is share of liability of surety.
4] Can joint flat be attached because husband is guarantor(wife is neither guarantor nor borrower)when husband has Gifted his 50% share in favour of wife much prior to loan taken by third party the Borrower.
APPRECIATE YOUR SINCERE ADVICE.
Advocate. Arunagiri
(Expert) 27 April 2014
You have mentioned that the 50% rights of the husband was transferred to wife in 29.10.2009 itself, prior to become guarantor.
You have not mentioned what is the date of loan agreement.
whether wife is also a borrower or guarantor
on what grounds the bank is attaching the husbands share
Gifted in 2009, but wife is approaching the socieity only in 2014, why?
Rajendra K Goyal
(Expert) 27 April 2014
Basic information left to be mentioned in the query and asked by the expert need to be supplied by the author for proper advice.
ajay sethi
(Expert) 27 April 2014
answer queries raised by Mr arunagiri . is gift deed duly stamped and registered . ? society cannot now transfer flat to wife on account of attachment orders issued . you have to move court to set aside attachment orders .
