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Ramesh J (Software Engineer)     12 March 2013

Title verification

I am purchasing ready possesion resale flat. There is alreay SBI home loan on the flat.I have also got loan sanction from Axis bank for the purchase. My Home loan agent told me that there is no need to go for paper-notice since the property already under home loan from SBI & Axis bank will also verify title from their end. Please advise ?



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 7 Replies

Divya (nil)     12 March 2013

Just on a friendly note: what is that u will lose if u give a paper-notice....is agent responsible for future problems, answer is "no'"...for safety sake u take ur precautions, bank is only giving money, its u who is d ultimate gainer/loser thru that property.....

Sumit (CA)     12 March 2013

If you have applied for a home loan..your bank will check all the title clearance before sanctioning the loan. In such case you need not worry about the title clearance.. if there will be any issue on the title of the property the bank itself will decline the loan. But please co operate with the bank for the copy of documents they will need during the due dilligence process..

K. GOPALAKRISHNAN (ADVOCATE)     26 March 2013

Dear Ramesh, Ensure that the original documents pertaining to the property proposed to be purchased with the SBI and the same can be verified either in person or ensured by a List of Documents from SBI and the same to be signed and delivered by SBI Authority.

madhu mittal (director)     11 June 2013

Respected Divya ji and other members of forum,

I want to know/study in deep, where is written in law about paper notice, and consequences of giving or not giving it, Act name and section etc. It will be very helpful for me in a particular case of our company. Thanks in advance.

Divya (nil)     12 June 2013

Hello Sir,

https://legal-dictionary.thefreedictionary.com/Notice

Some extract from the above web link.....u can reseacrh more on the net..but i am not a lawyer

In certain cases involving the purchase of real property, an individual is charged with inquiry notice. When an individual wishes to purchase land, he ordinarily has the duty under the recording acts to check the title to the property to determine that the land is not subject to any encumbrances, which are claims, liens, mortgages, leases, easements or right of ways, or unpaid taxes that have been lodged against the real property. In some situations, however, the individual must make a reasonable investigation outside of the records, such as in cases involving recorded but defective documents. This type of notice is known as inquiry notice.

 

madhu mittal (director)     13 June 2013

Respected Divya ji,

Thanks for reply. I know, you are not lawyer. What I want to know from you and from the other members of this forum, is that in law where it was stated that a news-paper notice must/should/may be published before purchasing property, from and how it came in vogue, consequences of giving or not giving it.

prakharved (Medical officer)     26 June 2013

@madhu

 

I can suggest you try this website to get an answer. At www.lawkonect.com, you can post your query and it will be answered by a Practicing lawyer. The written reply would contain the relevant sections of the law.

 

Regards


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