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buy a resale flat

Querist : Anonymous (Querist) 29 May 2010 This query is : Resolved 
Sir,i have somequerries regarding buying a flat in navi mumbai, sir, i went through broker to see a flat, and i told him that i will pay full cash as i am going to sell my property in other state, so he showed a resale flat, and next day i paid him 25k as token and again he asked me to pay some token to the owner i paid him 1lac to owner and 25k for the transfer of society charges i paid him. that also and 5k i paid to the lawer to check the docs of the property, my house at other state was suppose to be sold early but still it is not sold and i told my problem to the broker and in the middle of this i came to know that the house which i want to buy is under loan so the broker told me later i;.e after paying the l.25lac through the broker to the owner, but some how the broker arranged to get the loan clear on that house and kept the docs ready. as my house is not under sale still i dont know what to do the broker is given time as there is no agreement between the owner and me but i am worried if i could not sell my house i cant buy flat here so in that case do i lose my money which i gave for the broker i.e 1.25 to the owner and 25 for the society transfer totally 1.5lac
Querist : Anonymous (Querist) 29 May 2010
reply pl
Guest (Expert) 29 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100

e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

YOU HAVE PAID MAJOR AMOUNT AND DO NOT HAVE ANY RECEIPT FOR THE SAME.
YOU MAY APPLY FOR LOAN TO PURCHASE THE SAID FLAT AND PRODUCE THE RECEIPT FOR INITIAL AMOUNT.AND THEN THE LOAN AMOUNT CHEQUE YOU CAN PAY TO THE FLAT OWNER.
YOU WILL REQUIRE AN AGREEMENT WITH THE FLAT OWNER FOR THE SAME AND YOU HAVE TO SUBMIT THE SAME TO THE FINANCIAL INSTITUTION LIKE HDFC/SBI/LIC ETC.
ALTERNATIVELY YOU MAY RAISE LOAN ON YOUR OWN HOUSE FROM FINANCIAL INSTITUTIONS AND PAY THE SAID AMOUNT TO THE FLAT OWNER AND PURCHASE THE SAME.
YOU MAY FILE A CIVIL SUIT IN THE CIVIL COURT FOR REFUND OF AMOUNT .IN CASE ANY DISPUTE YOU MAY FILE A CRIMINAL COMPLAINT IN THE CHIEF JUDICIAL MAGISTRATE COURT .
YOU MAY WRITE AND SEND DETAILS OR CALL.
WILL HELP YOU
THANKS.
bhagwat patil (Expert) 31 May 2010
better u get the loan transferred in ur name the remaining amt u pay to owner, at the time of registration of sale deed of flat.u may call for details 09422773303


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