{"id":44292,"date":"2025-01-28T16:03:04","date_gmt":"2025-01-28T10:33:04","guid":{"rendered":"https:\/\/www.zolvit.com\/blog\/?page_id=44292"},"modified":"2025-04-29T12:20:25","modified_gmt":"2025-04-29T06:50:25","slug":"mortgage-flat-legal-assistance","status":"publish","type":"page","link":"https:\/\/www.zolvit.com\/blog\/case-study\/mortgage-flat-legal-assistance\/","title":{"rendered":"Mortgaging a Family-Built Flat"},"content":{"rendered":"<h2><b>Introduction of Mortgage Flat<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">When a property is to be mortgage flat, this sometimes becomes very difficult, especially when that property is constructed by a relative. It tells the tale of one client who wished to save a flat built by his uncle but faced hurdles. Further in the chapter, it will describe how he manages to overcome the problems with some <strong><a title=\"Online Legal Advice India\" href=\"https:\/\/www.zolvit.com\/lawyers\" target=\"_blank\" rel=\"noopener\" data-wpel-link=\"internal\">legal advice<\/a><\/strong> and a few simple steps.<\/span><\/p>\n<h2><b>Situation of <\/b><b>Mortgage Flat<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">The client contacted a legal expert seeking assistance in mortgaging a flat that had been constructed by his uncle. The uncle was a builder and had constructed six flats on a piece of land he owned. The client intended to mortgage one of these flats in order to obtain a loan. However, the bank wanted to know when the property had been sold. Since the uncle constructed the flat rather than sell or buy it, there was no date of sale.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">To clarify ownership of the flat, the bank has mandated that the sale date must be furnished. Without it, it appeared the mortgage would never be granted. The client had no idea what to do next and was frightened this might further delay his loan.<\/span><\/p>\n<h2><b>Solution of <\/b><b>Mortgage Flat<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">The client decided now to seek legal help to carry on with the case towards successful closure. The attorney explained that while the sale date could ordinarily prove very critical, it is by no means the only means of establishing ownership of the flat. He produced alternative documentary evidence of ownership, in lieu of the sale date, as required by the bank.<\/span><\/p>\n<p><strong>The lawyer suggested:<\/strong><\/p>\n<ol>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Completion Certificate (CC)<\/b><span style=\"font-weight: 400;\">: This is a document given by the local municipal authority stating that the construction was completed following the approved plans and cleared all legal and safety requirements.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Allocation Certificate<\/b><span style=\"font-weight: 400;\">: The uncle constructed the flat on his land; hence, the lawyer suggested the option to use an allocation certificate that will show that the flat was allocated to the client, hence indicating ownership.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Sale Date of the Land<\/b><span style=\"font-weight: 400;\">: Although there is no sale date for the flat, the lawyer suggested the sale date of the land where the flat was erected, which can be linked to the flat to prove ownership.<\/span><\/li>\n<\/ol>\n<p><span style=\"font-weight: 400;\">Even though the customer was uncertain if the bank would accept these alternative documents, the <strong><a title=\"Online Property Lawyer Consultation\" href=\"https:\/\/www.zolvit.com\/lawyers\/property\" target=\"_blank\" rel=\"noopener\" data-wpel-link=\"internal\">property lawyer<\/a><\/strong> assured him that banks are sometimes flexible in such matters, especially when the documents are valid and supported with legal advice.<\/span><\/p>\n\n\t\t<div class=\"box shadow  \">\n\t\t\t<div class=\"box-inner-block\">\n\t\t\t\t<span class=\"fa tie-shortcode-boxicon\"><\/span><strong><em><span style=\"color: #003366;\">Facing a legal issue and unsure about the next steps? Don\u2019t navigate it alone \u2014 get expert legal advice from top professionals, clear guidance, and the right solutions tailored to your situation, all from the comfort of your home! <\/span><\/em><div class=\"tie-center-button\"><a href=\"https:\/\/www.zolvit.com\/lawyers?utm_source=case-study&#038;utm_medium=madan&#038;utm_campaign=case-study-ctr\" target=\"_blank\" class=\"shortc-button big orange\" data-wpel-link=\"internal\">Consult A Lawyer Online<\/a><\/div><\/strong> \n\t\t\t<\/div>\n\t\t<\/div>\n\t\n<h2><b>Next Steps<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">The lawyer gave all the steps recommended with which the customer should act for the mortgage procedure:<\/span><\/p>\n<ol>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Get permission from the municipal corporation<\/b><span style=\"font-weight: 400;\">: The lawyer advised the customer to go to the municipal corporation to obtain a title deed for the flat, as it would provide solid evidence of ownership.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Gather relevant documents<\/b><span style=\"font-weight: 400;\">: The customer was to be advised on gathering all relevant documents: completion certificate, allocation certificate, and sale date of the land, and thus submit these to the bank for the mortgage application.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Follow up with the bank<\/b><span style=\"font-weight: 400;\">: The lawyer recommended that the customer remain in regular contact with the bank to ensure that they were satisfied with the submitted documents and maintain clear communication with the bank to avert misunderstandings.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Obtain legal assistance<\/b><span style=\"font-weight: 400;\">: The lawyer indicated that he would be willing to assist the client in drafting any necessary affidavits or declarations to clarify how the flat was owned, thereby ensuring that the bank has the information that it requires to approve the loan.<\/span><\/li>\n<\/ol>\n<h2><b>Problems Encountered<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">The foremost problem encountered in this case was the requirement of a sale deed for the flat from the bank. Since the flat was a construction of the uncle and was not sold in a conventional way, no such deed with a date could be found at all. This was the initial stumbling block for the loan application, wherein some legal advice with a few alternative documents made things work out.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The other challenge was how long it would take to collect all the requisite documents, most notably the approvals of the municipal corporation. Following the advice of her lawyer, the client managed to expedite this process and avert major postponements.<\/span><\/p>\n\n\t\t<div class=\"box info  \">\n\t\t\t<div class=\"box-inner-block\">\n\t\t\t\t<span class=\"fa tie-shortcode-boxicon\"><\/span><b>Did You Know?<\/b><br \/>\nA property doesn&#8217;t necessarily need traditional documents like a sale date to prove ownership. There are other documents, such as a completion certificate, allocation certificate, and title deed. In order to consolidate the evidential documents, it is advisable to seek the guidance of a lawyer to help with the whole process and also advise on what exactly the bank is going to ask for.\n\t\t\t<\/div>\n\t\t<\/div>\n\t\n<h2><b>Conclusion<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">Mortgaging a family-constructed property shouldn&#8217;t have to be a major hassle. While missing documentation like a sale date can be cause for concern, there are always other ways out there to prove you own something. In this case, the customer managed, through legal advice, to compile the required documents to carry on with the mortgage process. With enough fortitude and proficient advice, a mortgage loan could always be successfully obtained despite the property being constructed by a relative.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Introduction of Mortgage Flat When a property is to be mortgage flat, this sometimes becomes very difficult, especially when that property is constructed by a relative. It tells the tale of one client who wished to save a flat built by his uncle but faced hurdles. Further in the chapter, it will describe how he &hellip;<\/p>\n","protected":false},"author":26,"featured_media":45751,"parent":43098,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-44292","page","type-page","status-publish","has-post-thumbnail","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.zolvit.com\/blog\/wp-json\/wp\/v2\/pages\/44292","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.zolvit.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.zolvit.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.zolvit.com\/blog\/wp-json\/wp\/v2\/users\/26"}],"replies":[{"embeddable":true,"href":"https:\/\/www.zolvit.com\/blog\/wp-json\/wp\/v2\/comments?post=44292"}],"version-history":[{"count":5,"href":"https:\/\/www.zolvit.com\/blog\/wp-json\/wp\/v2\/pages\/44292\/revisions"}],"predecessor-version":[{"id":45552,"href":"https:\/\/www.zolvit.com\/blog\/wp-json\/wp\/v2\/pages\/44292\/revisions\/45552"}],"up":[{"embeddable":true,"href":"https:\/\/www.zolvit.com\/blog\/wp-json\/wp\/v2\/pages\/43098"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.zolvit.com\/blog\/wp-json\/wp\/v2\/media\/45751"}],"wp:attachment":[{"href":"https:\/\/www.zolvit.com\/blog\/wp-json\/wp\/v2\/media?parent=44292"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}