Legal Question in Real Estate Law in India

I booked a flat in an underconstruction building. The sale deed has been done and registered as well. The project is approved by HDFC and hence I applied for home loan to them to get fast home loan processing and disbursement. The laon was sanctined as well. In the sale deed the name of the building is not mentoined though the Flat No., Floor No., Plot No., Location etc. are mentioned. Now HDFC says that the building name is must in the sale deed and are asking for rectification deed. The builder is not ready to do rectification deed citing that the same agreement has been accepted by other banks and insisting I should seek loan from elsewhere. Kindly suggest.


Asked on 12/02/09, 10:41 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you can ask the builder to go for rectification of sale deed and in case he refuses to do so, you may seek mandatory injunction from the court concerned.

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Answered on 12/03/09, 2:38 am
Shrichand Nahar S.V.Nahar, Advocate

Legal remedies by approaching the court are available.

However, considering the time, money and efforts required in court, better option would be to approach another bank for loan.

It is also surprising that after approving the project, HDFC Bank is coming out with such flimsy excuses.

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Answered on 12/03/09, 2:41 am


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