• Property Sell

1. My father has property having my house on the plot. Basically house is of old structure so there is no valuation for house but only for plot.Buyer who is interested in property wants to have a loan . But as loan cannot be given on the just plot he wants take loan on house on existing plot . So after sell can it be of risk to us (i,e) after sell deed . 
2. Can bank provide loan on the house which is old almost 40-50 yrs of construction.
Asked 6 years ago in Property Law
Religion: Hindu

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26 Answers

1.  YES. It is possible to take loan on Old House & Plot, at the discretion of the Bank authorities, without any technical or legal hitch, in any manner, whatsoever.

2. After sale of property by a duly registered deed, there is no liability, whatsoever, on the seller of the plot. It is safe.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Bank can give loan to property which is 50 years old 

 

2) you have sold land with structure standing on said land 

 

3) you have no rights on said house after execution of sale deed 

Ajay Sethi
Advocate, Mumbai
99810 Answers
8147 Consultations

- Bank will not provide loan ,if the house is already 40-50 years old construction for longer period, but the purchaser can get easily loan for a shorter period i.e 5 to 10 years.

- Further, many bank also provide loan on the plot as well, for the consturction of home as well.

- However, arranging the loan for the buyer, is not your responsibility , because you are selling him the property as a whole , and not only the old construted house.

- Once, transaction will be compeleted after execution of the sale deed , then you will have no relation/responsibilty for his further dealing and loan sanctioning purposes. 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

See there is no risk to seller the bank shall give loan be mortgaging both plot and house. Also valuation of same shall be decided by the bank.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

To avoid any unnecessary legal hassle , note down the following.

As per law seller is bound to disclose to the buyer any material defects in the property or in seller's title thereto of which the seller is and the buyer is not, aware and which the buyer could not with ordinary care discover.

Any omission to make such disclosure is fraudulent and if buyer wish can take criminal action against the seller.

So you mention it in deed that buyer is fully aware of the present physical condition of the building being around 50 years old. 

Otherwise, a wicked person if wish may drag you into legal trouble by that fact that building is not in proper condition or it has been damaged significantly during the transaction period itself .

As to bank loan, it is better to ask bank not here. A lawyer is not supposed to answer such question. It is not within his professional jurisdiction.

You can ask what Mr. X can legally do?

But please do not ask what Mr. X will do?

Hope you understand it.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Due to construction in land, loan will grant in the name of house only, and you are also selling house and not land only. 

Value will count of land only but in sale deed and loan shall be of house. Mention condition of house in sale deed, no complications to you after sale.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Bank will check its construction life and property market value accordingly to that loan can be granted if buyer has to repay loan capacity

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Banks will check the title flow and give the loan to the borrower if the title flow is clear.

1) Once the property is sold the vendor is not at risk (subject to indemnity clause)

2) Bank can give loan for 40-50 years old buildings, subject to clear title flow.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1.  The buyer should be worried about the risk factor for buying the old and dilapidated house along with the plot and it should not be the concern of the seller.

2. It depends on the bank, it cannot be predicted because the banks look into many norms, if they consider that this is a very old building they may or may not grant housing loan.

 

T Kalaiselvan
Advocate, Vellore
90013 Answers
2497 Consultations

Hi, 

Since there is default on his part, you are on right path by issuing notice for eviction. If not done by him, you may file the eviction suit and also for the arrears of the rent. 


Sorry, this reply answer was sent inadvertently due to failure of systems at this end. 

 

In reply of present query, it is advised that the bank grants the loan only after observance of due diligence i.e. verification and evaluation of property. You may not be trapped under any loop if the sale deed is done by observance of due laws and rules. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

After the property gets conveyed to other party there won't be any risk on your side if the documents are perfect and there is a khata then therecqont be any issue for approval of loan he can go for loan!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

1. No. You can sell. 

2.Yes it can

Prashant Nayak
Advocate, Mumbai
34540 Answers
249 Consultations

 there is no risk once you executed sale deed  . 

buyer can avail home loan on property even up to 50 year old property. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If buyer is ready to purchase the plot with old structure home and bank is providing loan to him then you can proceed with sale of plot. 

There will be no issues against you on future regarding structure of house as it is know to buyer that house is old. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Building plan sanctioned by the Statutory Authority Required. i suggest you to contact local property lawyer for the same. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The site plan and if you have the approved plan ought for construction of the building , the same may be attached to the set of documents.

The buyer will obtain encumbrance certificate if you cannot procure that from the registrar's office.

You may also give the electricity connection meter card and water tax receipts if any.

 

T Kalaiselvan
Advocate, Vellore
90013 Answers
2497 Consultations

1. See if site is old and no approvals or.site.plan are there then also without them you can sale there won't be any issue.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. No

2. Yes. 

3. Yes if present it's better

Prashant Nayak
Advocate, Mumbai
34540 Answers
249 Consultations

You need copy of building sanctioned plans , occupation certificate issued by muncipal corporation for sale of property 

Ajay Sethi
Advocate, Mumbai
99810 Answers
8147 Consultations

Sale deed is enough. When you will sell, new site place will prepare with sale deed. Nothing else is required.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Nothing extra to do, just mention house no. which you are selling with it`s boundary and condition of house. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

if construction is old then occupancy certificate not required.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Buyer would insist on building completion certificate 

 

2) you can furnish copy of sanctioned plans

 

3) apply for building completion certificate 

Ajay Sethi
Advocate, Mumbai
99810 Answers
8147 Consultations

1. No there won't be any issue in the sale deed based on plans and land ownership you can freely sale it.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You can sell the property as a plot with the structure in it since you have the Municipal approved plan for the structure built on the plot. You dont worry about the value of the structure built on the plot, it is the job of the assessor.

2. You hav to quote your rates i.e., plot with the value of the structure, let the buyer negotiate based on the age of the building, if the deal is okay for yo then you can proceed or you may decide as you feel.

T Kalaiselvan
Advocate, Vellore
90013 Answers
2497 Consultations

1.Yes. 

2. For overcoming you need to fulfill and cure the defects for which the completion certificate was not given and then get the same. 

Prashant Nayak
Advocate, Mumbai
34540 Answers
249 Consultations

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