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How to proceed ? Please advise.
28-Apr-2023 (In Property Law)
Sir, I seek to purchase a flat in an underconstruction project.I wish to avail bank home loan for same and accordingly approached SBI for same. The original deed of land is actually a true copy of an Exchange deed duly registered in the year 1968. Exchange deed was for land between Mr X and 15 others of Bangladesh as FIRST PART with Mr Y and another of West Bengal, India as SECOND PART. The land exchanged as a result of said deed in respect of FIRST PART, was further transferred amongst themselves by sub-dividing it into 09 serial plots. One such serial plot measuring 1 bigha or 33 decimals had 4 co- owners. The co-owners had been enjoying the possession of their respective positions of land since 1968. There was no partition deed ever registered amongst the co-owners for said plot. Now, for one of the 4 co-owners​, the rights of ownership of the land measuring 7 Katha 5 chattaks, passed on to 3 succesive generations through legal hiership. Presently, there are 3 joint owners of th
Incomplete question.At the first instance contact Dist Government Pleader for acertaining ownership​ of the land based on documents supposed to be made available to you by your promoter.Without thorough knowledge​ of the ownership​ of the land concerned, no one should take property purchase decision.
The W B Building (Regulations of promotion of construction and transfer by promoters​) Act 1993 and amendments​ thereof has laid down promoter's liability.Ask your promoter to provide you with land documents,if not already provided.
Moreover, the Real Estate Regulations and Development Act has come into force to protect the interest of the apartment buyers although for West Bengal Rules not yet been made.
My suggestion to you is' proceed further' towards purchase the flat if the land title is unencumbered.
For further instructions contact lawRato.
The W B Building (Regulations of promotion of construction and transfer by promoters​) Act 1993 and amendments​ thereof has laid down promoter's liability.Ask your promoter to provide you with land documents,if not already provided.
Moreover, the Real Estate Regulations and Development Act has come into force to protect the interest of the apartment buyers although for West Bengal Rules not yet been made.
My suggestion to you is' proceed further' towards purchase the flat if the land title is unencumbered.
For further instructions contact lawRato.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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