• Original Sale Deed

Currently, I am in the process of obtaining loan against property from a prominent financial institution. However, my last page of original sale deed has faided from the back. When bank compared last page of original sale deed from last page of true copy they say at few places alignment is different (where buyer has signed and handwriting also differs a bit). Our lawyer has suggested that true copy is another set which is submitted with court and buyer has a different set which we have shared with bank. However, bank is still not convinced that the papers we have provided are original sale deed. They are sure about ownership but unsure about original paper and are trying to reject our loan which is not acceptable by us as we know for a fact that our papers are original. What would you recommend in this case. How can we convince bank? Can you share any article where its mentioned that original and true copy are two different sets and would have few differences?

Look forward to your help on same.
Asked 2 years ago in Property Law from New Delhi, Delhi
1) it is at bank discretion to sanction or reject loan . you cannot dictate terms to the bank to accept your loan 

2) apply to Sub Registrar office for certified copy of sale deed . 

3) true copy should be mirror image of original . there cannot be any differences between original and true copies
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
apply to sub registrar office for certified copy of sale deed
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
no they are not the same . true  copy is photostat or xerox copy of sale deed .
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1. On account of the difference between true and original copy bank has an unquestionable discretion to reject your application for loan. 

2. A true copy admits of no difference with the original in terms of contents.  It is a mirror reproduction of the original document. 

3. Obtain a certified copy from the registrar.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
certifed copy is stamped by the sub registrar office which is a proof that its a copy of the original
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
thanks for your appreciation . once you produce certified copy  from sub Registrar office  bank will be satisfied that there is no difference in contents . your loan would be sanctioned . 

for your information it is not court but Sub Registrar office that retains it for record purposes
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Thanks for appreciation.

There cannot be any deviation in contents of a true and certified copy. You have mentioned that nothing except signatures and stamping differs. Bear in mind that difference in signatures can render the document a nullity. Moreover, how could the divergence in signature arise in the true copy and original when true copy is to be prepared from original?

Produce a certified copy for bank inspection. After verification bank may be satisfied with authenticity of the document and agree to approve the loan.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

Ask a Lawyer

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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5174 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1909 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0