Legal Question in Real Estate Law in India
I have brought a property which is under construction. Currently I am paying full EMI for the loan amount of 45L (from SBI), though only 20L has been taken by the builder (as per the construction stage) I am planning to sell the property and want help in knowing the following - (a). If a buyer is interested and wants to avail loan from SBI itself, can I transfer the outstanding ? (b). Would I have to wait for the complete 45L to be disbursed and then apply for closure and request for original agreement? Or can I close the loan even before complete loan disbursal? (c). Are there any penalties that I would be subjected to?
3 Answers from Attorneys
The answers to your questions are here in below for your perusal :-
1) YES
2) NO ,the new buyer would step into your shoe.
3) NO
4) YES
5) Not anymore as the RBI has waived off penalty against property loan. I would still suggest you to find out more about the penalty from the bank itself.
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a. Transfer of loan may be possible with consent of bank. Ask bank.
b & c. Check terms of your loan to know.
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