Venkat (Tech Lead) 31 January 2011

Is it safe to buy when there was no Original GPA avialable

Dear Sir,

I have made a booking from the Builder to purchase flat in July2010. I did not do any legal verification as SBI was doing legal verification at that time and cleared the project in Sept. 2010. Then I applied for home loan on this property. Now, they are saying that will reject my home loan request by stating following reasons.

1. Mr A & B ( land owner) jointly executed notarised GPA to Mr.C & D in 1995.

2. Mr C & D jointly executed Sale deed to Mr. E ( current owner) in 2002.

3.There was almost 7 years GAP between GPA execution and Sale deed execution. However, original GPA is not available with Mr. E

SBI is asking why there was 7 years gap and Can the original be verified?

Also I found myself the partition deed on this property between family members is also unregistered one

However, SBI approved other 5 loans for the same property without making these observations.

Hence, I would like to seek our seniors suggestions here shall I go a head with this property, won't it be a problem in future.

Thanks & Regards,

Venkateswara Rao K

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 31 January 2011

Approach the regional office of the Bank with a proof of already sanctined loan on the same property

satyajit (Law Officer) 31 January 2011

Regitration of GPA regarding right of the transfer of immovable property is compulsory. moreover partition deed must be rgistered under Indian Registration Act. In my view there are alwayes threat of the title of the property. however I suggest you consult with an experience Advocate.