• Partition sale deed

We alredy executed registerd sale deed. We get one sale deed, then first partner put registerd deed for mortgage in bank. Now second partner want to put his share of property in bank mortgage but both them only had one sale deed what to do now ,If second partner want registerd sale deed.
Asked 6 years ago in Property Law
Religion: Hindu

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10 Answers

Certified copy of sale deed can be furnished as original is lying with bank 

 

better apply for mortgage in same bank and brach 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

There can be registered partition deed between all co-owners of the property and the other partner using this partition deed can take loan for his share.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you can get certified copy of this sale deed from registration authority and on the basis of this certified copy of Sale Deed you can get bank loan.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Dear Client,

You need to take another certified copy of sale deed from the office registrar where you had registered the land.

 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

You can take a certified copy of the said sale deed and produce in other bank if the bank is same then there is no issue. 

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

either you should obtain the original or a certified copy. if the shares are specified then bank will have no concerns.

there cannot be 2 originals when the joint names are in one property, the copy is sufficient. 

Thresiamma G. Mathew
Advocate, Mumbai
1645 Answers
212 Consultations

Hello,

there can be just one registered sale deed. The other person may obtain certified copy of the sale deed from the registry.

was sale deed in favor of a partnership firm?

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Partition deed must be executed in counter part. Well, get the certify copy of partition deed from sub registrar office.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

1. There can be only one sale deed for a property. 

2. The second partner can obtain a certified copy of the sale deed from the office of sub-registrar and apply for loan on the basis of it. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Since there's only one sale deed which has already been mortgaged there's no possibility for mortgaging the same once again without redemption or discharge of earlier loan.

In fact the first partner could not have mortgaged the property without the consent of other joint owner.

So better clarify the actual facts if you are really interested in getting proper legal opinion and advice.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

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