Vivek 03 January 2020
SHIRISH PAWAR, 7738990900 (Advocate) 03 January 2020
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 03 January 2020
1. This is what is typically known as "investors flat", wherein builder takes discounted money from the Investor (Flat Owner) but does not register it and possession remains with Builder and Builder can sell the same on behalf of the Investor (Flat Owner).
2. You can buy the Flat PROVIDED the Sale Agreement is signed BOTH by Builder & Investor (Flat Owner) as "Confirming & Consenting parties". This way it will be clear Title for all futuristic purposes. You will also have to take a "indemnity bond" by Builder & the Investor (Flat Owner). to indemnify you against all future legal litigations /losses etc....
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
G.L.N. Prasad (Retired employee.) 03 January 2020
In case of doubtful transaction either you can avoid such purchase or if the proposal is beneficial engaging a professional to protect your interest in drafting sale deed by getting signature of builder and that buyer also in sale deed.
Vivek 03 January 2020
G.L.N. Prasad (Retired employee.) 03 January 2020
This is your fresh addition to query: "The point for which I am concerned is why SBI is not providing loan for this flat. Please let me know if any suggestions.
Any bank provides opinion on the basis of Legal opinion provided by their Advocate in their panel, and any advocate looks into many things in link document and the enjoyment and possession rights as per Registry and whether the seller of land is having a good and bonafide title.
Members in the forum are not competent to provide an opinion without looking into such reasons stated by SBI counsel and documents.
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 03 January 2020
1. SBI is NOT the only Bank providing Housing Loans. Try another Bank, FI, NBFC, Coop. Bank.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Dr J C Vashista (Advocate) 05 January 2020
Buyer beware before finalisation of purchase transaction it is advisable to consult a local prudent lawyer for better appreciation of fact/documents and guidance/proceeding.
T. Kalaiselvan, Advocate (Advocate) 16 January 2020
The act of a person who is a holder of a negotiable instrument in signing his or her name on the back of that instrument, thereby transferring title or ownership is an endorsement. .
.. An endorsement provides a transfer of the property to that other individual or legal entity.
the act of the owner or payee signing his/her name to the back of a check, bill of exchange, or other negotiable instrument so as to make it payable to another or cashable by any person. An endorsement may be made after a specific direction ("pay to Dolly Madison" or "for deposit only"), called a qualified endorsement, or with no qualifying language, thereby making it payable to the holder, called a blank endorsement. There are also other forms of endorsement which may give credit or restrict the use of the check. 2) the act of pledging or committing support to a program, proposal, or candidate.
To grant home loan or not is the discretion of bank especially if the bank finds that there can be any obstacle to the title of the proeprty, the bank may withdraw its decision to grant loan.
Always remember that unless and until you do not get your Sale agreement or Sale deed registered with the Sub-Registrar under the provisions of Indian Registration Act, 1908 the title of property can not pass in your favour. They are misleading you. You can not become the owner of that property under the eyes of law. BEWARE of these builders as well as sellers. They are evasing heaving stamp duty by violating various provisions of law like Indian Registration Act as well as Indian Stamp Act.
Vivek 16 January 2020