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T R S Raghavan (Marketing Manager Mumbai)     18 July 2012

Prioperty title clear

Dear All,

I have a property in my name in Dombivili (W) and I want to sell the same. I have already taken advance from a party who has applied for a loan. But when they searched our title we came to know that before our transaction, the builder has sold our flat to somebody else.


But to my surprise, I have taken the vaccant possession of the flat and staying on the same since last 10 years and all my legal documents are in my name. Even we formed the society last year after fighting with the builder and share certificate is also in my name. and till today nobody has come for any claim or nor any bank's letter regarding any mortgaging loan against the flat in that name (Mr. Bhagve).

Now when I approached the builder he said that he has not sold the same to anybody else and to us only first sale but the report is against him. However he has agreed to give the same in writing in his letterhead or in stamp paper declaring us as the real purchaser of the flat and we thought of getting the same registered or notarized with his photograph if needed.

I want to know whether the above document (Notarized stamp paper from builder declaring me as the real owner) is valid document for loan? Can anybody help us what is the procedure.

The search Report is attached herewith for reference in which my transaction was done on March 2003 for B wing i.e my flat. the question is for transaction being done in 2002. The transaction done in 2004 is of for A wing, for which I am giving them their documents for proof.



Learning

 2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     18 July 2012

Dear Friend,

 

This is Adv. Rohit Dalmia from Mumbai. You need to take the undertaking and indemnity bond from the builder regarding the same. so that you and the future buyers of the property could be secured and have an option to claim damages and compensation incase any thirdy party claims the ownership of the flat.

 

You may call on 9324538481 for legal assistance.

 

Regards,

T R S Raghavan (Marketing Manager Mumbai)     21 July 2012

Thank you for your guidance. Can you please give me the format of  UNDERTAKING / INDEMNITY BOND as my builder has agreed and ready to give the said doc duly signed

 


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