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Recognizing liability on ipso facto matters out of an agreemet


16-Jul-2023 (In Banking / Finance Law)
Sir, Kindly advise on the following: In a loan sanction letter/loan agreement letter it is written that- Repayment will commence in following manner in case of purchase/acquisition of built up house three months after the month in which the first disbursement is made. The question is; w.r.t a home loan the EMI is the scheduled repayments and it consists of two elements i.e interest and a portion of principal loan amount. Please confirm whether bank is entitled to levy monthly interest for the first three months as per this agreement. Is it ipso facto to be understood that bank is entitled to levy interest for that period even if it is written on the agreement? Is there any sense in saying that aforesaid period was moratorium period? How a moratorium period applies to a home loan meant to purchase a ready built house where loan sanctioned at one lumpsum? Can it be challenged in the court of law?
Answers (2)

Answer #1
599 votes
Hello client ,
i have read your query very deeply after reading it i came to the conclusion that mere on your explanation i can not be sure about ur problem solution in your case it seems to be something missing in the series it will get confirmed by the help of your loan sancitioning letters as well as other documentation then only i can advice u the best way,but if ur correct on ur words as u have written here then ur right.
Thanks
Answer #2
529 votes
The bank will start the interest from the day the disbursement is made. The first three months interest can be levied or not, for that I will have to read your terms and condition. Check your calculations and talk to the bank and seek clarification.

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