LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

shivendra sah   21 July 2021

Sale deed rs. 20.64 lk but sale agreement rs.55 lk

Dear Sir,

Sale agreement(flat-under construction) of Rs.55 Lk made on 30/05/2017. LICHFL sanctioned Loan of Rs.42.38 Lk. on 15/06/2017, Rs. 10 Lk paid through bank. Registration formalities done by paying through cash to developer. Sale deed executed on 24/06/2017 of Rs.20.64 Lk. On 27/06/2017,LICHFL paid Rs. 36.02 Lk to developer. All these documented in local language (telugu)- so not under stood, not cross checked & also trusted on developer. Now, there is 2 yrs of delay in possession & not get OC till today. After converting Telugu sale Deed to english medium, I came to know that sale deed value is only Rs.20.64 Lk. I want to know - 

1. Can I  file recovery case/civil/criminals case against developer for collecting excess amount of Rs. 25,38,300 (Sale Deed of Rs.20,64,000 - Bank payment of Rs. 46,02,300) with interest?

2. Can I ask  to LICHFL, based on sale deed value of Rs.20,64,000, why the loan of Rs. 42.38 Lakh granted.

3. Can I inform to LICHFL for not to do any more payment to developer because  developer received more than the sale deed value.

4. Can I approach to rera/consumer court against delay possession with all the benefits?



Learning

 3 Replies

Dr J C Vashista (Advocate)     22 July 2021

Q 1 Recovery is a civil case which can also be changed into criminal fraud, cheating and conspiracy compliant case.

Q 2 How much loan did you apply and fair/ marketable value of property under the purchase transaction ?

Q 3 Yes

Q 4 You have both the options

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

1 Like

P. Venu (Advocate)     22 July 2021

A civil action lies. However, the posting suggests deeper issues.

1 Like

shivendra sah   23 July 2021

Respected Dr. J. C. Vashista Sir,

I am & will ,always, be grateful for taking out your valuable time for answering to my query from your busy schedule.

Q 2 - Loan applied to LICHFL based on Sale agreement value of Rs.55 Lakh ( Land value - Rs.20.64 Lk + Construction Value - Rs.34.36 Lk). LICHFL approved Rs.42.38 (80%) based on Market value of apartment Rs.53 Lakh.

Once again many many thanks a lot to you respected sir.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register