Pankaj Kapoor
Asked June 12, 2016

Builder denying me copy of documents

  • 1 Answer
  • 209 Views

I am looking forward to get a Loan from my local Bank for the Purchase of a under contruction flat in Mumbai .The Builder has agreed to give property details to the bank for approval of APF. But the builder denies to give copy of all the documents like IOD and CC to me after payment, instead he is telling to come to the head office to verify them there. Also he doesnt allow to take photo . Is there a Problem here? Why isnt he allowing me to take copy of the details of the construction ?

Answer 1

We appreciate your approach, and we would provide our legal assistance in the best possible manner.

The core issue of the problem lies on whether the builder is liable to give the documents of the property required for availing the loan? The solution lies in the Transfer of Property Act, 1882. There are certain rights and liabilities of the buyer and seller envisaged under Section 55 of the Transfer of Property Act, 1882. Under this provision the seller is bound to produce the documents to the buyer, on request, for examination of all documents of title related to the property, which are in the seller’s possession or power[1].

The loan is asked for the completion of the successful transfer, therefore, the builder would be duty bound to produce all documents related to the property irrespective of place and time, and the documents shall be produced within a reasonable time. 

 

[1]Maung Po Te v Maung Shew Ko, 35 IC 373         

Agree Comment 0 Agrees about 1 year ago

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