No need to sell no need to get back the documents lost. Get a certified copy of the same from the registry office and keep your registered sale deed with this. This will serve all legal purposes.
Take an undertaking from bank to this effect.
Sale deed lost by bank of first buyer
I had bought a property in Ghaziabad. 1.First registry was in between Mr.X to Mr.Y & mortgaged by GICHFL. 2.During there loan period Mr.Y did not pay the loan amount hence bank had taken the property in there custody. 3.Myself bought the property from bank via Mr. Y & bank manager told me currently the original registry paper of X&Y is missing but will surely find & will give me the originals. 4.I got the home loan sanctioned from GIC & get the property registered under my name. My registry original paper are with bank now. 5.On the other hand bank had issued a newspaper advt in which they stated org. registry is lost by them & currently property is owned by me under my name. 6.Now I want to close/ repay the loan & get the full original paper from the bank.Came to know that the manager is now being transferred to other station. 7.New person which has joined is now suggesting not to close / repay but try to sell to other person & get the same re- financed by GIC in his name so that paper hassle's can be taken care. 8.I'm not finding any person who is willing to buy the property & get it financed by the same bank. Pl's suggest what should I do as I'm in total FIX & do not know what to do .How to come out of this ?
Asked 6 years ago in Property Law
Religion: Hindu
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13 Answers
You are on a wrong track dear,
Just take certified duplicate copies of lost sale deed from the tehsil office, which have the same authentication as original one,
keep the paper cutting with you in which bank states original documents lost and take an undertaking/declaration from the bank regarding lost of sale deed.
Sell the property on your conditions, If you want,
New manager is idiot, don`t get in complications. Documents are lost by bank, you can claim compensation against them in consumer court.
Since the originals are lost, you will face this problem every time. Better close the loan, get delivery of your sale deed and ask them to arrange you certificate copy of previous sale deed. Also tell them to file missing report and get the copy of same.
Bank has to file FIR about loss of original documents
2) issue public notice and apply for certified copy of original documents
3) then you can repay loan collect your documents mortgaged to bank and sell the property
Bank Manager is wrong file a case before the Consumer Forum for deficiency in service if he refuses to accept the full and final settlement of loan but take in writing from the bank before filing the case.
Dear Client,
The owner of the property may file a suit for claiming the entire amount of the House and Negligence of the Bank.
A bank in the Mumbai did the same. The person whose original registery was lost by the bank got full compensation of the house.
Hello,
Bank can not force you to do so. if you are willing to close the loan then they can not deny the same. If they are doing so then write a complaint to the banking ombudsman and the RBI.
You may also send a legal notice to the bank beforehand.
Regards
If the said sale deed is lost bank should file a police complaint. You can write the same time bank. If not done you can file consumer complaint to court or complaint to banking ombudsman
Well, by the loss of the original deed of the seller, your title in the property is not affected in any manner.
So do not run after the issue of loss of original deed and think of future of the property.
It is your option either to repay the loan or to sell the property to a buyer.
There is no force to act as per advice of the bank manager in any manner whatsoever.
First you should file an FIR or a written complaint with the Police that the original documents have been lost. Original documents can be re-issued by the appropriate authority, on payment of an amount. You can try getting a quote of how much re-issuing the original papers will cost. Next you should file a consumer complaint citing deficiency in service against the bank praying for the amount to get the original reissued plus compensation. But hurry up, the limitation period in a consumer complaint is 2 years from the date of commission of deficiency.
Dear sir
The bank manager is just suggesting you to sell it to another person because he don't want the business of his bank got effected by closing of a loan account. Because if your loan account will be settled than their Interest income from your account will stop.
So I suggest you to close the account by repaying the loan and then sell the house.
The bank in order to shed away their liability or the responsibility to produce the original title documents which have been lost by them and also to not face the consumer court or any other legal case in this regard may misguide you on this, you dont leave them just like that.
You may file a consumer case against the bank to return the original documents so that this will help you to convince the prospective buyer about the genuineness in your side in this regard.
You may decide on the basis of the prevailing circumstances.
- As per the information mentioned in the present query, make sit clear that bank personal is trying to evade their responsibility.
- It is immaterial as whether the new manger has come or not, but what matter is that the bank has stated to you and also in the newspaper.
- You should write your bank to make your free from the loan amount once you that and also get the original papers.
- If they say no to it, then please exercise your right to approach the court of law as this is your constitutional right to get the bank treated by court of law if they creating such problems for you.