Have a legal query ?
Ask us !
Get Free Legal Advice Using Our Q&A Platform

Legal Q&A

Questions related to buying of property with bank loan

Three months back I saw an independent house in Hyderabad to purchase. It has only ground floor. As I was fully dependent on the bank loan, I asked the owner to wait till the bank loan gets sanctioned. I gave them a token amount of Rs. 15 lakhs and had taken the Xerox copies of all the documents...

Read more

Three months back I saw an independent house in Hyderabad to purchase. It has only ground floor. As I was fully dependent on the bank loan, I asked the owner to wait till the bank loan gets sanctioned. I gave them a token amount of Rs. 15 lakhs and had taken the Xerox copies of all the documents relating to the house. The owner also agreed to show me all the original documents whenever required ( I gave Rs. 9 lakhs through various modes of payments like bank transfers and cheques within a period of ten days and the remaining amount of Rs. 600000 was given by me by cash and took a receipt on a white paper and 100 rs bond paper from the owner for the entire amount of Rs. 1500000. I have also made an agreement of sale deed for a total consideration value of Rs. 6100000. I have mentioned in the agreement that I have given a token amount of Rs. 1500000 and the remaining amount would be given by me within 3 months OR at the time of registration. I have also mentioned in the Sale deed that as I am fully dependent on the bank loan for purchasing the property (house), and if I do not get the bank loan for ANY reason within the time period specified in the agreement, then the owner shall be liable for the refund of the full advance or the token amount received from me. I have tried the loan in three bank but I could not get the loan sanctioned as the legal paper of the house were not correct. OVERFLOW OF THE TITLE : The original owner of the property was Anasuya. She had purchased total plot of 240 Sq. Yrds from Satyanarayana in the year 1983 and had taken the building/construction plan for total 240 sq yrds from gram panchayat . She passed away in the year 2004 and her husband passed away in the year 2008 and her legal heirs were her two sons and three daughters. These two sons (Srinivas and Kankaiah) have partitioned the above said property through a registered partitioned deed (each having 120 sq yrds) without involving their sisters in the partitioned deed, in the year 2010. The original plan of their mother was agreed to be kept with Kankaiah as per the partition deed done between them. After the partition deed, the two sons have separated and constructed their own houses within their own area i.e. 120 sq yrds each, without applying the new construction plans for 120 sq yrds each, as they believe that if they have the original plan for 240 sq yrds then why would they apply for the new ones. In the year 2017 M. Srinivas (one of the son) has executed a GPA of the said property on his wife's name (Padma) by adding his two sisters as conscenting parties and executants in the AGPA. He also mentioned in the gpa that at the of the partition deed of the two brothers the sisters were not available, so now he is adding them as consenting parties to the agpa and he also mentioned that they have no objection in the above partition deed and they also mentioned that during the lifetime of their parents the two sisters were married and the amount was given to them in the form of sridhan and they have no objection to sell the share of Srinivas i.e. 120 sq yrds. This AGPA was registered. (In this registered AGPA the sign of one of the brothers Kankaiah was not obtained as he already executed a partition deed with his brother Srinivas). Now I have made an agreement of sale deed with Padma on Rs. 100 Bond paper with the above conditions mentioned with two witnesses and have taken a receipt of the token amount given to them which was attested by the signatures Padma and her husband Srinivas on every page. Questions. 1) I applied for a bank loan but the bank is asking for the legal heir certificate from M. Srinivas. But he is not ready to get it from the court. (He says that he executed agpa in place of the legal heir certificate and now he is not ready to get th legal heir certificate from the court). 2) The bank is asking from the building construction plan. But Srinivas says that his mother has already obtained the plan for 240 sq yrds and the brothers have just partitioned the property and now the new plans are not necessary. Till now Srinivas is still paying the property tax on his mother name ANASUYA 3) Now, due to these reasons I am unable to get the bank loan, will I be able to able to get back the entire token amiunt of Rs. 1500000 with the help of the agreement of sale deed and receipt of the token amount? If yes, then how can I recover my money back? What steps could I take? 4) If no, then can I take the signatures of all the legal heirs of Anasuya as witnesses or conscenting parties and execute a sale deed (my own money without bank loan )between me and Padma in order to avoid future complications? 5) Would the building plan of the new 120 sq yrds be required or will the old plan of total 240 sq yrds in the mothers name (Anasuya) work? As the bank is asking for the building plan, I asked Srinivas for the original plan but he says that the original plan is with his brother and his brother is not willing to give it to him. And the original plan was also for 240 sq yrds. 6) I have already informed Srinivas about the requirement of the documents by the bank for the loan in the second month itself. But since the specified period for the payment of the entire amount was three months he smartly said that he would get the documents and give it and finally streched this process for three months. Now he says that the time specified for payment in the agreement of sale deed .was three months and he wants the entire amount and does not care about the loan. However in the agreement of sale deed I clearly mentioned that , I have given a token amount of Rs. 1500000 and the remaining amount would be given by me within 3 months OR at the time of registration.

  • 2 Answers
  • 560 Views
5f2c0e93fd86927955514aac4cc6a060a28782be Prashant Konge
last answered over 2 years ago
consumer issue with mobile phone

my Moto mobile not worked well. service centre change its motherboard.after 2 month I suffer charging problem.than service centre change mobile battery now I again face the same problem.

  • 2 Answers
  • 454 Views
Asked at March 11, 2018
Default avatar Suparna Holamagi
last answered over 2 years ago
Builder Dispute on additional charges

On 18th Jan13 I booked a flat 1104(1085 sq ft) in Nicholas3, Supertech CZAR Suites Plot no. GH-02, Sector Omicron-1 Greater Noida Uttar Pradesh 201308. The possession date was 31st Mar15, but after delay of around 1.6 years on 20th Sep16 I got pre-possession letter & have been asked to pay...

Read more

On 18th Jan13 I booked a flat 1104(1085 sq ft) in Nicholas3, Supertech CZAR Suites Plot no. GH-02, Sector Omicron-1 Greater Noida Uttar Pradesh 201308. The possession date was 31st Mar15, but after delay of around 1.6 years on 20th Sep16 I got pre-possession letter & have been asked to pay below components charge. Please brief me about details:- 1) Additional(farmer) compensation Charges @Rs.187.26/sqft. :- Its levied on the account due to farmers agitation in Greater Noida. As per court order money had to be paid to farmers so they asked builder to pay it. Here as per builder court had ordered to get money from buyer which has been imposed by GNIDA. Do we buyers have to pay this amount? And does this property land area also come under this. If it comes let me know what is the cost to be paid per sq ft as per order by court since as per Supertech they are charging Rs.187/sqft (refer attachement). 2) Labour welfare charge @Rs.20/sqft. :- Charges are those charges which are incurred by the company for the welfare of construction workers at its projects. This includes i.e education of their children, medical facilities, payment of statutory charges etc. Does this amount to be paid by buyer or builder. If to be paid by buyer then what is the amount to be paid & what should be the calculation. Will it be charged on per sq ft basis. 3) Water Connection Charge @Rs.25000/- :- Does this amount to be paid by buyer or builder. If to be paid by buyer what is the amount to be paid what should be the calculation. 4) Advance Maintenance Charge @2.5/sqft for 1 year:- Please let me what amount should be paid by buyer as Rs2.5/sqft is quite high and also does this needs to be paid for 1 year. 5) Escalation Charges:- It is mentioned in the agreement. But do buyer have to pay this amount irrespective of cost of steel, cement, fuel etc increased.

  • 0 Answers
  • 188 Views
Asked at February 23, 2018
Unfair Trade Practice

1. Product information in terms of manufacturing month, year and manufacturer name, importer name etc is always printed in the box of a new mobile phone. 2. I was not given the box and at the time of purchase I did not realize the importance. Now my phone is defective. I want to know the...

Read more

1. Product information in terms of manufacturing month, year and manufacturer name, importer name etc is always printed in the box of a new mobile phone. 2. I was not given the box and at the time of purchase I did not realize the importance. Now my phone is defective. I want to know the manufacturing month, year to understand how old my phone is. The authorized dealer of the company now tells me they do not know the manufacturing month, year for this new phone and that it is their policy to give the phone to the customer and send the box back to the company head office in India and shockingly the head office company in India too agrees this is their policy in written communication to me. I understand, very strange but it has indeed happened. The guidance I request is under which Act/Law is the company which has its registered office abroad and head office in India is in violation of not providing rudimentary details like manufacturing month, year, importer name, manufacturer name etc to consumer. Does this come under Unfair Trade Practice. If yes, which specific section, page number can you refer to me for me to understand more in detail. Thank you in advance.

  • 1 Answer
  • 445 Views
Asked at January 15, 2018
Default avatar Shreyas G. Zinjarde
last answered over 2 years ago
Trade of Foreign Goods

Is an overseas global mobile phone company allowed to sell mobile phones in India without giving a packaging box showing printed product information like manufacturer name, manufacturing month/year, Importer name, model etc. Is a company allowed to sell only the mobile phone with only a receipt...

Read more

Is an overseas global mobile phone company allowed to sell mobile phones in India without giving a packaging box showing printed product information like manufacturer name, manufacturing month/year, Importer name, model etc. Is a company allowed to sell only the mobile phone with only a receipt and without the packaging box for the money paid by the consumer? What is the nature of this breaking of the law, does it come under statutory or which laws not being followed by the global company? Can you please share this is not following laws as per which all Regulatory Acts / provisions under the Indian laws? Unfair Trade Practice Act? Trade Policy?

  • 1 Answer
  • 405 Views
Asked at January 11, 2018
Default avatar Vijay Gangan
last answered over 2 years ago
Procedure for file a case in the Consumer Forum in Rajasthan

1. relates to consumer complaint amount 20k. should complaint be in hindi in rajasthan district forum. do i need to send notice to seller? 2. relates to illegal authorization by nagar nigam to construct basement not leaving set back. I took permission for basement. There is misrepresentation of...

Read more

1. relates to consumer complaint amount 20k. should complaint be in hindi in rajasthan district forum. do i need to send notice to seller? 2. relates to illegal authorization by nagar nigam to construct basement not leaving set back. I took permission for basement. There is misrepresentation of facts. is it a ground to get permanent stay.

  • 0 Answers
  • 134 Views
Asked at January 05, 2018
Consumer Case

need a consumer protection lawyer

  • 1 Answer
  • 392 Views
Asked at December 13, 2017
E3ee142db3acbeca9363923d2401445cde31cf99 Rajaganapathy Ganesan
last answered over 2 years ago
Misleading Advertisment

Is it necessary to be a customer of that misleading advertisement company if i want to file case against misleading advertisement company in Lok Adalat ?

  • 4 Answers
  • 720 Views
Asked at December 10, 2017
15e58133ac4d5993af1a1aaee907b0ba1f74c866 Ashok Shivaji Gawai
last answered almost 3 years ago
Extortion of money by university

I took admission in galgotias university and gave 50k fee for ma economic program through demand draft but I don't took any class and cancelled my registration but now they are not giving my money back.This university is fake many students money they haven't returned after filling a case in court...

Read more

I took admission in galgotias university and gave 50k fee for ma economic program through demand draft but I don't took any class and cancelled my registration but now they are not giving my money back.This university is fake many students money they haven't returned after filling a case in court to. What to do as advocate s fee is too expensive without surity of winning the case.

  • 0 Answers
  • 142 Views
Asked at December 06, 2017
Consultancy Firm failed to deliver the service

A counsultancy cheated 13400 rs from me. They told that they provide ground staff job in any airlines. they don't provide any job to me. what can i do?

  • 1 Answer
  • 156 Views
Asked at December 01, 2017
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered almost 3 years ago
Please Login or Register to Submit Answer
Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.