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Can we sell a flat without title?- Property Hotline
Posted
August 10, 2016
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August 10, 2016
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3:42Now PlayingExpert: Vinay Singh, Legal & Tax Expert.
Question: I purchased a 2 BHK flat in 2004 in Bhubaneswar. I had taken a loan sanctioned by ICICI Bank to buy the property. However, the title (patta) was not final. I raised the question to bank and they agreed to continue sanctioning my loan. Post 2010, the Bhubaneswar Development Authority is not giving final approvals to 'not final patta' flats. I am getting no sanctions now and continue to pay my EMIs. I wish to sell the property. What do I do?
Answer: There is an Orissa High Court judgment in the case of Dhabala Prasad Pradhan dated October 2014 which states that the patta need not be in the name of the seller for transfer so long as he can prove his title. The same logic would apply in your case and you can cite this judgment to bolster your case.
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