• Sale deed misplaced by bank

We have bought a property in kolkata n it was a seller BT ..All docs were clear..and seller had home loan from IDBI bank..and we are taking loan from icici bank ..we have paid our contribution to seller...Registry is also done in our name..on 17th january..after which loan from icici got disbursed in two chqs were 1 chq in the name of idbi bank n another in seller name..befire all this procedure Icici ask for LOD from idbi were bank has mentioned that all original docs are with IDBI..so loan got disbursed from icici..once seller closed loan of idbi bank on 18th..Then idbi has given one letter to customer stating that original sale deed is damaged in 2017 ..now my query is what should our stand here..we have already paid our contribution..if we bought this property..so can we resale it..
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

19 Answers

1)IDBI has to file FIR about loss of  original documents 

 

2) issue public notice and give your certified copy of sale deed and other documents 

 

3) complaint can be filed against bank and compensation sought for loss of original documents 

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

1) Reselling may create problems, but each n every time you have to take assurance from IDBI that they will provide loan to buyer and the current market value of the sale deed amount to the buyer.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See for the damaged sale deed bank need to file an FIR further the bank.officer need to give an affidavit for the loss and further certified copy of the sale deed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Further more since this will effect the value of property in future sale claim huge compensation from IDBI give them a legal notice for same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

First of all you have to claim the compensation for damage incurred to the sale deed against the IDBI by filing a complaint in the state consumer dispute redressal Commission and you have to file a case of civil suit in the court to get the order to get a certified copy to be issued to you from the register and on the basis of that the registration will be done for the property in your favour please be aware that the state consumer Commission can be approached only in case the claim amount is more than 20 lacs

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You have to take assurance from bank and responsibilities of original sale deed has been damage by bank.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Yes there won't be any issue as after the damage of deed all formalities are done and further bank loan from your bank is also approved so this will be sufficient for resale. 

Still claim damages from IDBI bank.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you can  sell the property but may not get full market price for the property 

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

you wont face problems in mortgaging the property in view of IDBI bank letter 

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

1. Certified copy is as enough and valid as the original.
2. Few problems in the form of verification and requirement of the original sale deed by the prospective purchasers may come in future. You can show a paper publication and police complaint about the lost deed as proof that the original deed is lost by the bank.
3. In order that the original should not be misutilised, it is advisable to file a police complaint and also give paper publication that the deed is lost and anyone dealing based on the original deed will be doing so at their own risk and consequences.
4. You can file a consumer complaint for deficiency in service against the negligent bank and claim compensation.
5. You can take a letter from the bank that the bank has lost the original deed as additional proof of loss of document..

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

1. This is a dicey situation for you and it is difficult for me to accept that IDBI Bank did not know that the original title deed is damaged in the year 2017.

 

2. However, ICICI Bank should now ask for the said damaged sale deed from IDBI Bank.

 

3. Hope you have already collected the certified copy of the said sale deed to ascertain that the seller has a good and marketable title of the said property.

 

4. If not then it is clear that you have been grossly cheated by your seller being in collusion with IDBI Bank for which you shall have to lodge a policxe complaint.

 

5. If the certified copy indicates that the seller has the valid title of the said property then ask IDBI Bank to issue aq certificat that the noriginal titlem deed kept with them has been damaged in the yearv 2017 when it was in its custody.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

1. Collect the damaged Title Deed and also its certified copy.

 

2. Also collect a certificate from the IDBI Bank evidencing that the title deed was damaged inits custody in the year 2017.

 

3.. Since the deed has not been lost but damaged, the question of paper publication (to caution pubic about any mal practice) is out of question.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

1. It is not unusual that a document is damaged while being in custody of a Bank.

 

2. In the said case, you are required to collect certificate from the bank about the said damage in the form of an affidavit along with the damaged deed. 

 

3. This should suffice while reselling your said property as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

Yes you can sell the property without any hassle 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1.Bank holds the original sale deed as a trustee of the owner. It is bound to preserve it and return the same to the owner on the clearance of mortgage. The bank is liable to be prosecuted for the offence of criminal breach of trust under Section 406 IPC.

2. Since the IDBI bank is willing to give a certified copy of the sale deed you should take it under protest and then you may sue it for damages before the consumer forum.

3. Resale of the property without original turns away prudent buyers.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You need to have original sale deed in the name of  the seller who sold you this property.

This is a vital document without which you cannot acquire the property.

You have to somehow procure this document or at least the bank has to follow the procedures for missing documents as prescribed in law.

Without this document you may not be able resale this property

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

You can obtain a certificate from bank stating that this original document was in mutilated condition hence the certified copy of the same was procured.

This will save your skin from further legal onslaughts.

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

For reselling the property, you need to have original documents, however you can provide a photo copy based on the efforts taken to trace out the original documents.

 

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

the bank will help you to get the registered copy of the sale deed along with indemnity bond and certificate for the same.

Prashant Nayak
Advocate, Mumbai
34569 Answers
249 Consultations

Ask a Lawyer

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