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Sahil K   23 February 2022

Loan Property

Can we make agreement stating home loan will be cleared and posseion will be given to purchaser.l and register it?


or
1.We need to clear home loan
2.Then only we can make agreement and register it?


Learning

 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     23 February 2022

Hello,

You cannot sell the flat without loan repayment as per law and documents executed by you. If you want sell you need the bank's permission. 

Dr J C Vashista (Advocate)     24 February 2022

Before registration of sale documents you will have to clear encumbrance or produce NOC from financier, if the vendee (purchaser) demands.

However, agreement to sell can be made with the term stating that execution of sale documents and possession of the property would be handed over after clearnace of loan. 

G.L.N. Prasad (Retired employee.)     24 February 2022

There is no bar on mere agreement to sell stating such facts as conditions.   It is the usual practice.


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