• Resale of high rise flat

Original sale deed available with first buyer.but builder buyer agreement, possession letter ,allotment letter not available .applied for home loan but bank lawyer asking for those docs.pls suggest the way out.
Asked 5 years ago in Property Law
Religion: Hindu

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16 Answers

Ask seller to obtain certified copy of said documents from builder

2) file FIR about loss of original documents

3) also issue public notice about loss of originals

Ajay Sethi
Advocate, Mumbai
89848 Answers
6516 Consultations

5.0 on 5.0

That is the only and substantive proof.

Need to go through the documents thoroughly.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

Hello,

Bank will not give loan without these documents.

Ask the builder to provide you a copy of these documents.

Write a letter to the builder

Regards

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

Hi, if he has got the sale deed then these documents are not required for passing a loan .. Mere sale deed is sufficient for reference in passing a loan ..to further pursuade and the bank lawyer , you can meet me at my office in Gurgaon ..

Hemant Chaudhary
Advocate, Gurgaon
4627 Answers
67 Consultations

4.9 on 5.0

When it comes to disbursing a home loan all banks insist on examining and scrutinizing all property related documents.The bank is unlikely to process your request for a home loan in the absence of these documents.The banks want the documentation at their end to be watertight before disbursing a home loan.

You should contact the Builder and request him to issue you a copy these documents .Even if the original allotte/ seller is not in possession of these documents ,the Builder/developer would have retained a copy of these documents.

In the alternative you can contact the seller and request him to approach the builder and procure copies of these documents.

R Aditya
Advocate, Delhi
68 Answers
3 Consultations

5.0 on 5.0

Dear Sir,

1. If the documents are registered you can get certified copies of the same to the bank..

2.Without those documents the bank advocate cannot agree for sanction of loan

3. Better try to get those documents or missing letters from the first buyer.

Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
409 Consultations

4.8 on 5.0

These are the basic documents and are needed by the banks to finance the property.

If property is registered and occupied the builder buyer agreement is not required but allotment letter , possession letter along with the sale deed is compulsory.

If no registration then there must be builder buyer agreement and a copy must be arranged from builder.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

To find out the validity of the sale it is essential to know thew content of the development agreement made between the builder and the owner.

If it is not there then it is difficult to know the respective allocation of the builder and the landowner to find out fromwhose allocation it was sold.

I am sue there would be a photocoy of the said agreement if you insist your seller to find out one..

Devajyoti Barman
Advocate, Kolkata
22515 Answers
416 Consultations

5.0 on 5.0

Original Sale deed is enough with Tax receipt for buying that property. The bank Lawyer is playing trick with u. Send a legal notice to the bank and wait for its reply

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

things are not clear from the question... plz write the question in detail.. i mean who you are in the matter... second buyer or first buyer?????

Satsheel Sheokand
Advocate, Gurgaon
20 Answers
1 Consultation

4.1 on 5.0

The first buyer has the original sale deed and he has got the sale deed executed and registered on the basis of buyer agreement, possession letter ,allotment letter, etc. The original buyer agreement, possession letter ,allotment letter, etc. are with the first buyer or he has taken loan by depositing those documents in private bank, financial institution, etc. The bank lawyer is right and helping you in safeguarding your interest leave aside the bank loan. The seller is telling lie that he does not have those documents. If he does not have, where the documents have gone. Think it over.

It is, therefore, advised to ask the seller to provide those documents in original failing which cancel the deal. Have deal with any other prospective seller who can provide the original chain of title of the flat.

Dalip Singh
Advocate, New Delhi
1053 Answers
36 Consultations

5.0 on 5.0

Even though the builder buyer agreement pales into insignificance once the sale deed is executed in favour of the buyer by the seller. However, the bank does not sanction loan without the sale agreement.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

without those documents there is no proof that first buyer has good title. ask the first buyer to collect these documents.

Arnab Kumar Banerjee
Advocate, Kolkata
112 Answers

4.0 on 5.0

Without the original documetns, the bank may not be able to disburse the loan.

Who knows that the seller might have borrowed elsewhere with those documents?

You ask the vendor to produce all those documents required by the bank panel lawyer to recommend the loan or cancel the agreement.

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

You may request the concerned builder to release duplicate copy of the misplaced documents.

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

Hi, you need to take the documents from the first buyer and supply the same to the banker.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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