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Registration of flat got cancelled due to broker's fault
31-Oct-2023 (In Property Law)
Dear Sir, I purchased a flat with a home loan from India Infoline Finance Limited ( IIFL ). Registry of my flat was done on 23rd August 2017. Recently I receive a call from my broker ( on whose name the flat was ) and he was saying that he had forgotten to submit the DD which he received from IIFL and the date of the DD is over. Since the DD was not ENCASHED, Registry will be cancell and there will be a Re- Registry for my flat. He also said that since it is his mistake , he will bear the expenses I just have to be there with my witness. But, I have not receive any such communication from IIFL and my EMI has already started from August. Please let me know - what is the exact scenario ? I dont think registry can be cancelled in such situation. Please let me know - what is my position ? Do I really need to be involved in it ? What he should do to get the DD again for my Home Loan ? Looking forward for your favourable advice
Registered sale deed, once registered cannot be cancelled and that too unilaterally. Seems the broker /owner is trying to fool you. The DD received from IIFL has must have been mentioned in the sale deed, therefore no fault can be found with you in non encashment of the DD or its non presentation within the prescribed time. The broker can only file a suit for recovery of the amount of DD or for the cancellation of the sale deed. The sub registrar has no power to cancel the sale deed for non payment of consideration/ non encashment of the DD by the broker. As regards the issuance of fresh DD, you need to get in touch with bank officials and get a fresh DD prepared and hand it over to the broker against receipt.
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Adv. Alok Bhachawat
Delhi | 25+ Answers
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