dont purchase property as title is not clear and marketable
2) unauthorised construction has been done by builder
3) builder must not be having OC from Muncipal corporation
Floor Deviation
I have finalized a property in Chander Nagar Ghaziabad, As per sanction map only 2 kitchens are shown but as per site there are 4 independent flat(which means 4 Kitchen). This is a resale builder flat. In my flat kitchen is mentioned in floor map. Should I buy this property or not? I talked to SBI loan sales person he said this as negative that SBI not give loan on this. Should I go for private bank or withdraw my decision to buy.
Asked 6 years ago in Property Law
Religion: Hindu
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15 Answers
If you are not satisfied and the sbi is not willing to advance the loan then i think you should shelve this idea.
Regards
How many flats are sanctioned ? and area of land ?
See if the construction is not as per the approved plans you should not purchase the said property.
Hello,
I would not advise you to purchase the property which has been made against the sanctioned map.
You may withdraw your decision to buy the property as such.
Regards
If the same is mentioned in sanctioned plan them there is no issue to but in one flat generally there is a single approved kitchen
my opinion is dont purchase such type of property. better consult local property lawyer.
There is a deviation in the construction from the approved plan, hence you may not get loan easily from banks.
Also there may be a problem in future from municipality side and if they issue notice for demolition then you may have to run from pillar to post to solve the problem.
Have you obtained a legal opinion about this property from a local advocate before buying this property.?
If not, then do it immediately.
You can try for a private bank but chances of getting loan are low because of deviation from sanctioned plan.
My opinion is that you should withdraw you decision to buy that flat.
Thank you for the suggestion, I dropped that property and finalized legal property in society. Here the seller has the registry with his name this is OK. But my seller's seller(ex-seller) name is mentioned in house tax receipt and electricity bill And all taxes are paid up to date. In short my sellers name not mentioned in house tax receipt , will this create problem to me in future, when i will go for update my name in house tax.
Asked 6 years ago
ask seller to get mutation of property in his name . then he would get property tax bills in his name then only purchase the property
No it won't create any issue, you can based on the transaction update your name in municipal tax receipts and electricity bill.
Might 2 flats are constructed illegally. Don`t purchase.
You cannot directly transfer the proeprty tax and other records to your name if your seller has bought this proeprty by a registered sale deed.
He first has to get it transferred to his name and then you can get it transferred to your name.
Your vendor's vendor is still holding the records on his name which will create a problem through his heirs at a later stage.
Moreover when you apply for transfer of the records to your name while producing the sale deed executed by your vendor whereas the existing name in the records would be that of the vendor's vendor, the authorities may not permit to transfer the same to your name directly.
In any case you may have to run from pillar to pole at that stage if you are not taking the efforts now itself
Mutation is not a proof of ownership. You may still go ahead and buy it even in absence of it. Get your name mutated in the record after buying .
Yes it may create problems you need to seek changes with appropriate authority