Advocate Shankar Hanumant Patil

Questions Answered by Advocate Shankar Hanumant Patil

Q: How to get deed registered, loan is pending & bank has original papers

Hi we hindu family registered flat in 2011.its under home loan with standard chartered bank.now we want to sell it and realized there is parking mentioned in deed which we do not have.we made rectification deed.is rectification deed need registration? Registrar is asking for original sale deed which bank is not ready to release as home loan is still active.How should we register rectification deed in this case, how do we proceed further... Thanks in advance

Advocate Shankar Hanumant Patil answered
If you want to sell this flat then first you will have to clear all the dues of Standard Chartered Bank. Then Bank will get it registered reconveyance deed. Thereafter you can get the rectification deed which should be registered and then you may sale the property to anyone else.

Q: What is procedure to get succession certificate by the process of law?

My father have deemed account in saraswat bank and one shop worth rs 13 lakh and we have one flat in flat my father make me a nominee so in case of flat i need a succession or not or where we can file a suit in district court or highcourt and how we calculate court fee..i live at mulund (thane)

Advocate Shankar Hanumant Patil answered
In case of Saraswat Bank if any amount is balance and you are nominee to the said account of your father then contact the bank official you will get the amount. If banks needs Succession Certificate then you will have to apply City Civil Court for Succession Certificate under Indian Succession Act.,1925. In respect of Shop and Flat you will have to get Heirship Certificate from the City Civil Court. Considering the cost of flat or shop , court fee will be Rs.75,000/- i.e.maximum. The C.F. will have to be paid at the time of issuing Heirship certificate by the court.