• Can I cancel bank housing loan when 90% of loan amount is disbursed to builder.

I have developed serious financial constraints and thereby not able to pay Pre EMI's. In-spite of putting my old house on sale, not able to sell the the same. I have no other resource and want to either surrender my property to Bank or sell it to bank or take up any other solution feasible. What Sould I do? Please advise me. 
Seeking early reply.
Warm Regards
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

13 Answers

Inform builder of your inability to make balance payment 

 

2) you can cancel your booking and seek refund from builder 

 

3) builder would deduct 10 per cent of booking amount and refund balance amount 

 

4) if builder fails to do so file complaint against builder before RERA and seek refund of money disbursed to builder 

 

 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

In case of default in repaying loan, bank generally takes possession of the property and put it on auction for sale. Any excess of sale proceeds over and above the total outstanding due amount to bank is refunded to the borrower/owner of the property.

Or you can apply to bank for restructuring of the loan sanctioning of which is at the sole discretion of the bank. You can get a favourable consideration by bank if you can arrange adequate security or surity to the bank.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

First try to get new buyer for flat and take builder and bank in agreement that you are not interested in purchasing the flat due to financial crises.

If builder agree for this than no issue and bank will be needed their money.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Now it is too late if the loand fter sanctioning is disbursed to the developer as well.

2. If you fail to pay the EMi the bank would start recovery proceeding under SARFAESI Act by attaching the property and then making an auction sale.

3. So you may wait for sometime to sell the house and once it is sold you can foreclose the loan. Otherwise stop the payment so the bank can sell the flat after attachment.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You need to first cancel your allotment of flat then ask the builder to refund the same. You will be liable for cancellation charges as well as interest of bank

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Better make a proposal with builder to arrange sale to third person. Bank will not cooperate in this matter.  But don't show willing ness or inability to pay otherwise builder will take undue advantage of situation. Deal peacefully.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

 a loan can not be cancelled once it is disbursed. It can only be cancelled before disbursement.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hi,

You are suggested to look for a suitable buyer who may pay the money at the instance and if not possible, surrender the house to the bank. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Hello, 

Approach the bank and sell it to the ban or otherwise you may sell the property and then give the loan amount back to the bank. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

As per RBI regulations how soon can be speed of any time without any penalty so you can pay the outstanding.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. You can try to find a Buyer for your House and Transfer the residual Bank Loan to the new buyer, with proper NOC from the Bank.

2. IF you surrender the property, THEN you will be at a huge loss.

3.  You can also Rent /Lease out the property to a Bank /Corporate body and with the Deposit & Rent, you can manage your Bank loan problems.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If you default in loan repayment then the bank after declaring it as NPA ,may invoke sarfaesi act for recovery.

Hence you may wait for the action to be taken by the bank instead of approaching them to surrender the same.

However you can talk to the manager for getting relieved through any provision  of law in this regard or else await action through  the provisions of law by bank.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have not been able to pay the EMIs and hence ready to give your property in lieu of the loan which has been unpaid now due financial restrain.
  2. Yes, before bank take any action for auction, you can either make an application you the bank seeking some time to sell and repay the loan amount or request bank to proceed in accordance with law and sell the property and give the remaining amount to you after sale and repay of loan, if it (some amount) remains any.
  3. In fact, there is a provision in law to approach the DRT yourself so that you can expedite the process of everything.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer