• Original sale deed damaged by bank

The sale deed is entirely legible though. The signatures are intact and not smudged. No pages are missing. there is some sort of visible discoloration of pages, as if it caught some moisture and that in long term caused discoloration. The bank is providing a certified copy from registrar and also a letter that mentions this damage happened in their custody. Is this good enough, or should I be worried?
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

1) certified copy of sale deed from registrar and also letter from bank that damage happened in their custody is sufficient to protect your interests

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Bank letter is sufficient

No need to worry

scan the original document

and get multiple certified true copies certified by a public notary with proper stamp and seal on the photocopy with a statement that the photocopy is the true copy of the original

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Hello,

The bank is responsible for the mishap and if it is ready to come on affidavit that it happened because of the carelessness of the bank officials then it is ok to accept the document along with the certified copy of the deed.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Certified is valid, but take original too from bank. You can claim compensation for damaging original sale deed through consumer court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir

This is good enough for the process. But you need to file a consumer complaint after receiving all the documents from bank seeking damages from them.

Regards

Shettar

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

1. This has happened as per natural phenomenon which could have happened while your holding its custody.

2. With the letter issued by the mortgagee bank admitting that the pages of the original will deposited by you with them have been discolured due to the bank's negligence and being supported by thye certified copy of the said deed, your title on the said property remains confirmed as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1) You should get Duplicate copy from Registrar and certificate of damage under bank's custody certificate.

2) Keep that document in lamination and use Duplicate document as true copy.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

This is my response to you:

1. This is enough;

2. You should accept a formal apology letter from the bank;

3. This shows their mistake and not your own;

4. This will help you when you resale the property to another person;

5. Otherwise the bank has done its part of providing you an alternate certified copy.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Yes the certified copy hold good In law along with the letter from.bank specifying same. This is protect your interest.

Further seek compensation from.bank for there negligence in keeping the documents and also retrieve the original copy with you even in damaged position.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear,

This is a good evidence, no worry.

But kept photocopies of that documents.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Dear Sir,

Such explanation is sufficient for you. On the basis of such damaged sale deed and apply and get duplicate sale deed. Procedure is as follows:

=-======================================================================================

Duplicate Sale Deed

A sale deed can help you stay protected from getting duped. A sale deed is one of the most valuable legal documents in the purchase or sale of a property. The value of the sale deed will differ from state to state in the country and as prescribed by the Stamp Act of the respective State. A sale deed has almost all the details required to carry out the purchase or sale of a property. Most importantly the sale deed would require the seller to certify that the property under sale is free from any encumbrance and without any lien.

The sale deed is registered at the jurisdictional sub-registrar’s office. Apart from the buyer and seller of the property under sale the witnesses should also be present at the time of registration. It would also clearly mention the exact date on which the seller would hand over to the buyer the original property related documents and the date of subsequent possession of the property under sale.

Applying for duplicate sale deed

Often houses which are 30-40 years old may not have proper registration. If the sale or purchase deed is misplaced, an indemnity bond needs to be furnished by the seller. If the sale deed is lost, you can obtain a duplicate certified copy from the concerned sub registrar’s office. Following steps help you to get your duplicate sale deed.

• Lodge police complaint: File an FIR (First Information Report) reporting the missing of the document. Once the information has been recorded by the police, it must be signed by the person giving the information. It is important to know that an FIR will not be considered a valid document unless it has been stamped by the Duty Officer with the stamp of the police station along with his signature and a serial number allotted to the report. If the document is not traceable, the complainant should obtain a non-traceable certificate from the Police.

• Notify in Newspaper: Advertise the loss of your documents in a prominent newspaper, and call upon all claimants to lodge claims, if any, within a reasonable time. This is usually issued by an advocate in English and local dailies. If no claims are received, the Advocate issues a Certificate to that effect.

• Prepare an Affidavit: Affidavit for lost documents is a written declaration which is accompanied by an oath or affirmation indicating that the contents of the affidavit are true. Prepare an affidavit giving details of your property, FIR details and details of ad notified in newspaper. It is advisable to get a solicitor or notary to help you to prepare your affidavit.

• Get your Duplicate sale deed: Visit the sub-registrars office where the flat was registered. Apply for the copy by paying the prescribed charges and enclose required documents. Obtain a ‘copy of the document’ from the concerned registrar office. Thereafter, certified copies of the title deeds are used as substitute for the original.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Bank holds the sale deed in capacity as the trustee of the owner or person who delivered it to bank, hence is under a duty to preserve it in the condition in which it was delivered to it.

2. Ordinarily, what the bank is doing should be accepted. Remember that most banks will simply deny that discoloration happened in their custody. Since your bank has accepted its mistake and is also providing you a certified copy from the registrar the matter should be put to an amicable closure.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer