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Ramalingam

Ramalingam Kalirajan  |7029 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Apr 04, 2024

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
Raman Question by Raman on Apr 02, 2024Hindi
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Hi I had taken the housing loan in 2008 for 20lakh and rent out the flat for 2 years, during this period my flat was not registered into my name, after 2 years I sold it to the 3rd party and he took the loan again on the same flat, the loan amount went to the builder account as it was not registered in my name, builder assured me to clear my dues after some time but till date the matter is still pending, he is absconding and my cibil is badly affected as I was not paying the EMI of my bank loan, my only fault was not to get the flat registered into my name, please advise me how to come out from this mess as bank is also sending notices to me. He has done the same fraud to many other investors.

Ans: I'm sorry to hear about your situation. Dealing with such a complex and unfortunate scenario can be challenging. Here are some steps you can take to address the issue:

Gather Documentation: Collect all relevant documents related to the housing loan, sale agreement, rental agreement, and any communication with the builder or bank. These documents will be crucial in understanding your legal standing and building your case.

Consult Legal Assistance: Seek advice from a lawyer specializing in real estate and property law. They can help assess your legal options and provide guidance on how to proceed. They may suggest legal actions such as filing a case against the builder for fraud or breach of contract.

Contact the Bank: Communicate with the bank to explain the situation and provide them with any relevant documentation. They may offer assistance or solutions to help resolve the issue, such as restructuring the loan or providing temporary relief until the matter is resolved.

File a Complaint: Consider filing a complaint with the appropriate authorities, such as the police or consumer court, against the builder for fraud or cheating. Provide all necessary evidence to support your claim.

Credit Repair: Work on repairing your credit score by diligently paying any outstanding dues and resolving the issue with the bank. You can also explore options for credit repair services or counseling to improve your creditworthiness.

Seek Financial Counseling: Consider seeking guidance from a financial counselor or advisor who can help you navigate through the financial implications of the situation and plan for your future financial stability.

Stay Persistent: Dealing with such matters may take time and patience. Stay persistent and proactive in pursuing a resolution to the issue.

Remember that every situation is unique, and it's essential to seek professional advice tailored to your specific circumstances. Keep records of all communication and transactions related to the matter to support your case effectively.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ramalingam

Ramalingam Kalirajan  |7029 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 25, 2024

Asked by Anonymous - Jul 15, 2024Hindi
Money
Dear Sir We had booked a flat in one of the projects in Karnataka ( 15 + years back) but when the project is about to complete the land owner of that apartment filed the case against the builder because the builder had constructed few flats illegally in that project.. The land owner had demanded few crores from the builder for illegally constructing the flat...During that time we were in abroad and 3 flats werent registered in this project one is ours and 2 more flat owners were in abroad too..Thats out of 35 flats... Hence the builder had registered three flats in their name for the safety..But till now we havent got registered of that flat in our name becos there is case in the court. Hence there is no completion certificate issued for that project..etc.... and no flat owner can sell their flat due to the court case. However the builder had given us a power of attorney for the flat for rent it out or stay... And we have rented the flat and are getting the rent... we have been regularly followed up with the builder, he everytime promises today tomorrow....like this 15+ years passed...last year we asked for a replacement flat in one of their new project and he agreed to give us a replacement flat provided we pay some extra bucks as per the rate...We agreed for that and got the agreement signed and also got the sale deed of the land etc.. we have paid the payment in cheques.Its a huge project and completion of the project is bit slow and got delayed.... Recently, the builder had sent an email to all flat owners to register their flats but when we consulted for registration the builder said he had to transfer the payment done by us from the previous project to this new project...hence it would take time (by the way thats their internal issue) everytime we consulted for registration he says it would take one months time and his legal team is working on it...Sometime he says the court case should get over of the other project and then only he can help to register the the present flat..(though the previous flat is in their name itself) we have nothing to do with case (as the Case is between land owner and builder) also the previous flat registration al in their name..we have only agreement and receipts.of payment done...hence so far the flat is not registered...most of the flats got registered in the new project...The project is not completed yet it would take one more year... My question is why the builder is delaying the registration process of our flat and why is he not doing the internal issues solved and help us to register our flat in our name... Should we register the flat ourselves provided we get required documents from the builder? Or consult a lawyer in this regard...Pls guide...
Ans: You booked a flat 15+ years ago in Karnataka. The project faced legal issues due to illegal construction. You haven’t been able to register the flat in your name.

Builder’s Delay
The builder registered three flats, including yours, in their name. You have a power of attorney to rent it out. The builder promised a replacement flat in a new project, but the registration is still delayed.

Key Questions
Why is the builder delaying registration?
Should you register the flat yourself?
Should you consult a lawyer?
Builder's Delay Analysis
Internal Issues
Fund Transfer: The builder needs to transfer payments from the previous project to the new one. This seems to be causing delays.

Legal Complications: The builder indicates that the ongoing court case may affect the registration process. However, you have no involvement in this case.

Project Completion
Project Delay: The new project is not yet complete. This might also contribute to the registration delay.
Recommendations
Consult a Lawyer
Legal Advice: Consult a lawyer to understand your legal standing and options.

Documentation: Ensure all your documents are in order. The lawyer can help review and prepare necessary paperwork.

Registration Process
Self-Registration: With the required documents from the builder, you might register the flat yourself. This requires legal guidance.

Follow-Up: Continue to follow up with the builder regularly. Ensure all communication is documented.

Legal Action
Notice to Builder: Your lawyer may suggest sending a legal notice to the builder for delaying registration.

Court Case: If the builder doesn’t cooperate, consider filing a case against them. This might expedite the process.

Insightful Evaluation
Assessing Risks
Builder's Reliability: Evaluate the builder’s past projects and their completion rates. This helps in assessing the likelihood of further delays.

Legal Risks: Understand the legal risks associated with the ongoing court case. Your lawyer can provide a detailed assessment.

Future Steps
Replacement Flat: If the builder provides a replacement flat, ensure all legal aspects are clear before agreeing.

Backup Plan: Have a backup plan in case the registration process faces more delays. This might include exploring other housing options.

Communication
Transparent Dialogue: Maintain open and transparent communication with the builder. Document all discussions and agreements.

Legal Assistance: Have your lawyer involved in all major communications with the builder. This ensures legal backing.

Final Insights
Proactive Steps
Consulting a lawyer is crucial. They can guide you through the legal complexities and help expedite the registration process.

Keep all your documents organized. This will be helpful during any legal procedures.

Regularly follow up with the builder. Ensure you have written records of all communications.

Evaluate the reliability of the builder and the legal implications of the ongoing court case. This helps in making informed decisions.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

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Milind

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Milind Vadjikar  |644 Answers  |Ask -

Insurance, Stocks, MF, PF Expert - Answered on Nov 17, 2024

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I am seeking guidance on my current financial situation. I am 50 years old, with a net take-home income of 1.42 lacs per month, while my wife earns approximately 75k monthly. We have two daughters pursuing higher education, with annual fees totalling 6.10 lacs. In the wake of the COVID-19 pandemic, I faced a significant setback when I was unable to pay my home loan EMI, leading me to opt for a moratorium. Despite having already paid approximately 43.85 lakhs towards my home loan of 58.50 lakhs taken in 2017, the principal outstanding has astonishingly increased to 59.45 lakhs. I now find myself committed to an EMI of 65,000 monthly, further straining our financial resources. To cover both my daughters first-year college fees, I took out a gold loan of 5.5 lakhs, for which I currently pay 50,000 a month. I had invested in a family health insurance policy with Star Health, covering 10 lakhs, but due to poor service I stopped paying my premium, which had an accrued value of 17.50 lakhs. I hold a provident fund account with a balance of 2.5 lakhs. I am concerned about planning for my elder daughter's wedding in the next 2 to 3 years and my retirement. I would appreciate any advice or strategies you could provide to help me navigate this situation effectively.
Ans: Hello;

Try and understand from the home loan lender as to how 59.45 L principal is overdue despite paying a sum of 43.85 L, despite factoring 80% of this as interest payment, the overdue principal should be below 50 L.

Double check if this is as per the terms of moratorium.

If you are not satisfied with replies from the lender escalate the matter to the highest authority at lender or RBI.

Lender can't behave irrationally just because you availed moratorium during COVID.

In my view you should have just sold the gold rather then taking loan against it.

That way you could have lessened EMI burden on your finances and ensured investments for retirement and other goals.

Unfortunately we have a tradition of attaching emotional value to precious metals and real estate.

The best "jewellery" you can offer to your kids is good education, which you have already done.

In matters of health insurance never discontinue a policy due to dissatisfaction with the insurer, port it to another insurer, 1.5/2 months before the renewal date so that your benefits remain intact. Now you may be need to find another health care insurance.

You may begin a monthly sip of 25-30 K in diversified large cap oriented mutual fund for 5 years.

Also give a thought to NPS, you can contribute till 70 age, for retirement pension.

Best wishes;

...Read more

Milind

Milind Vadjikar  |644 Answers  |Ask -

Insurance, Stocks, MF, PF Expert - Answered on Nov 17, 2024

Asked by Anonymous - Nov 15, 2024Hindi
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I am 42 years old male currently working as a software engineer in a private company and drawing 1.1 lakhs per month. I have 2 school going kids. My monthly expenses are around 80K per month including rent. I don't have any personal property in my name. I have invested 50L in postal term deposit(yearly payout), 20L in Shriram transport finance FD(monthly payout), 11 lakh in HDFC balanced fund dividend(monthly payout), 6L in bank FD(monthly payout) all in my wife's name. I have invested 28L in my HUF account against Shriram Transport Finance FD (monthly payout). I have around 20L in EPF and Gratuity. I have around 8 lakhs in miscellaneous Mutual funds with a monthly sip of around 36K. Most of my investments pay me monthly return except this SIP. I have done so as software job is very fragile which can go any time. However I have maxed out on the return I can take per year on my wife's head (7L) and HUF(2.5L) without tax liability. Please advise how I can invest further to get returns so that I can quickly withstand any job loss.
Ans: Hello;

You have already made sufficient provisions to survive a job loss because your passive monthly income is now almost covering your monthly expenses.

But if you need added back-up you may keep expenses worth 6 months(@ 5 L) in a liquid type mutual fund.

Focus on 3 goals;
1. Children's education
2. Retirement
3. House

If you again keep investing in fixed income bearing instruments then you may not be able to grow a corpus to fund these goals.

A mutual fund sip(36 K) is a step in the right direction. I believe these are scheme with Growth option.

Hope you have EPF/NPS/PPF investments as well.

Happy Investing;

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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