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VENKATESHA (MANAGER)     10 November 2024

Assignment of debit executed bybank not sale deed

my  friend  MR.A  bought a residential  flat from B.   MR.B  executed ASSIGNMENT OFDEBT  DEED WITH  MR  A.  B  had bought the said flat property  inBANK AUCTION  and  the bank executed  ASSIGNMENT OF DEBT  DEED [  NOT SALE DEED]  in  favour of the bidder  MR.B  who paid the amount as per the bid accepted by the bank.  The  flat is  in co op housing society.   The  Management committe of the CHS on goingthrough the document  yet to admit my friend Mr  A  as member of the CHSs.  maintenance bill still issued  in the name of the old member  who defaulted to HDFC BANK.   one of the Member not  MC  Member  in the AGM orally remarked that ASSIGNMENT OF  DEBIT  means  it is usually linked with the right of subrogation.   Mr.A has only right to occupy  the flat  and he is not an absolute owner since  sale deed is not exeuted.    i  do not understand.   Any ADVOCATE pl clarify : 1.Whether  Mr A  can be admitted as member of the CHS or not.    2.if Mr.A  wants to sellthe flat  can he not execute sale deed or  again he has  to  execute the ASSIGNMENT DEED?  3. WHAT  IS SUBROGATION RIGHT  in this case.



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 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     10 November 2024

Person B obtained the Assignment of a debt deed, which means the right to receive the payment of that debt from the same original debtor or borrower only but not a title deed.

T. Kalaiselvan, Advocate (Advocate)     10 November 2024

Neither Mr. A nor Mr. B have title to the property.

B bought the property under a debt assignment deed and in turn he received money from A on the basis of another debt assignment deed executed by B to A.

Therefore neither of them can claim title to the property hence the membership cannot be claimed as a right.

The CHS membership is allowed only to the owners of the property having clear and marketable title by the virtue of a registered sale deed.

Dr. J C Vashista (Advocate )     11 November 2024

Well analysed, opined and advised by learned experts, I concur.

Both of them are not the actual oweners (titleholders) of the flat accordingly cannot sell it.

P. Venu (Advocate)     11 November 2024

You have not diclosed the facts and circumstances under which the Bank had auctioned and assigned the debt.


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