• Linked documents

I have a property in Bangalore. I purchased it last year itself. I don't have linked documents of the same property with me. I have EC certificate, Khata copy and all other related documents to the property.

I approached one private bank for some sanction against my property. Bank denied any loan without the linked documents.

What Shall i do now.? The loan is very important to me..

Please suggest.

Thank You!!
Asked 2 years ago in Property Law from Hyderabad, Andhra Pradesh
1) make an application to sub registrar office for certified copies of link documents . 

2) in the alternative contact seller and request him to hand the original link documents in his possession 

3) please note that no bank will grant you loan unless you have the link documents
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
A.  You have to apply minimum 30 year EC then you will know what are transactions happen with respect to your property and if any transaction visible, EC issued in Form No. 15 by the Sub Registrar Office. Based on these transactions, you can apply the certified copies before the sub registrar office.

B. You can contact previous land owners to get link documents. Hence, based on these documents, the Bank will come to conclude whether the borrower has marketable title over the property or not? These document custodian may be taken by the bank if it is required at the time of execution of equitable mortgage or Deposit of Title Deed.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
Apply to sub Registrar office for getting link documents or alternatively ask previous owner to give you link documents then you can get certified copies thereof.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. The Bank is right in asking for the link document,

2. In fact the Bank should ask for the original link document,

3. It is so asked because, your vendor may mortgage his property by depositing his original title deed of the said property with a Bank while taking loan,

4. In such case, a charge on the said property is created in favour of the mortgagee Bank,

5. After mortgaging the said property, which is not registered, he can execute and register a sale deed of the same property to someone in which case the said sale of the already mortgaged property  will be invalid,

6. You should collect the original link deed in your own interest.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
Hi it is better you have to apply for 30 years EC  and in EC shows the register transaction based on that you can apply certified copy of the documents before sub registrar.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Bank has rightly denied the loan without link documents being supplied by you.

2. At the time of considering the application for loan the bank is supposed to exercise due diligence. Each bank has a panel of lawyers and your documents will be sent to one of the lawyers of the Bank who will scrutinize the documents and give a legal opinion thereafter. If the opinion is that you have a clear and marketable title then alone the bank will think of sanctioning the loan based on your income.

3. It transpires many times that properties which have a charge created thereon, are sold to another individual even before the mortgage is released and the original title deed returned to the owner. To obviate the likelihood of such issues emanating later on the bank insists on producing the original title deed.

4. You should ask the seller to give you the original title deed. If he refuses to give the original link documents to you then you may apply to the local registrar to give you a certified copy of the link documents.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
You are advised to mutate the property into your name from the previous owner by way of transferring existing Khatha from the previous owner to your name in the concerned office and thereby acquire Khatha certificate and  Khatha extract in your name. These documents along with original sale deed by which you have acquired the property from the previous owner and up to date tax paid receipt will be binding in nut shell linked documents of your property.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
Get certified copy from registry department. if seller is sold only a part of that property then  xerox copy of that original document is valid to prove that property is under possession of genuine owner and no adverse possession present. get mutation certificate, if already property is mutated in your favour,  and 12 years khata sala ( if applicable in  Andhra pradesh). you must have registered transfer deed or sale deed.
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0

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