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Original allotment letter was not attached while ragis Confirmation of deed Original allotment letter was not attached while ragis Confirmation of deed

4 months ago

Hello, 

1) started living in a flat since 2004 and made confirmation deed, power of attorney, MOU and continued ongoing bank loan, which was in the name of the first owner.

2) confirmation deed which made in 2004 have done one side ragistration of the document in 2011 and paid the required stamp duty.

3) In 2018, I paid off the bank loans.(closed the loan)

4) When I applied for society membership, the society disallowed my membership claiming that my confirmation deed is invalid. They allege that during the flat's registration at Ragistrar office, the original allotment letter was in the bank's custody, and I committed forgery by creating a confirmation deed without attaching the original allotment letter.

5) The first owner and the bank never made any claims, and the first owner even provided a written NOC in our favor.



Sir, my concern is - 

1) Yes, it's true that during registration in 2011 (confirmation deed) I attached a photocopy of the Allotment Letter since the original was with the bank.

2) Making a confirmation deed and paying stamp duty without attaching the original allotment letter (photocopy was attached) is fraudulent? 

What's the solution to this?

Anik

Responded 4 months ago

View All Answers
A.Dear Client,
In situations where the society is questioning the validity of your confirmation deed, it is essential to address the concerns transparently. While attaching a photocopy of the Allotment Letter during registration may not necessarily be considered fraudulent, the key is to demonstrate that your actions were based on transparency and with the consent of the original owner.
1.Provide Clarification: Clearly explain the circumstances under which the confirmation deed was executed, emphasizing that it was done with the consent and cooperation of the original owner, who provided a NOC.
2.Consult Legal Assistance: Seek advice from a legal professional to evaluate the specific details of your case. They can guide you on the legal implications and potential remedies available to establish the legitimacy of your confirmation deed.
3.Original Allotment Letter: If possible, try to obtain the original allotment letter from the bank or explore options for securing a duplicate copy. This could further strengthen your case.
4.Communication with Society: Engage in open communication with the society, providing them with the necessary documents and explanations to dispel any concerns about fraudulent activities.
5.Legal Documentation: If required, be prepared to initiate legal proceedings to safeguard your rights and prove the authenticity of the confirmation deed.
It's crucial to address this matter promptly, seeking both legal advice and open communication with the society to find a resolution that upholds the legitimacy of your confirmation deed.
Thankyou
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