• Release of mortgage deed from bank

I have purchased a flat along with covered garage taking loan from SBI in 2016. The property deed was made combined ( flat and garage). In 2019 i have sold only flat and repay the balance amount against my loan .The person who purchased my flat also took loan from SBI . Bank issued me NOC against loan number. Problem arises when I submit the NOC and ask for the original deed in which i am title holder of garage only . Bank want to keep the original deed as chain deed. Whether they are right or they should keep certified copy of old deed as chain deed and return the original deed to me .In case bank is right then how can I get separate deed for the garage portion which I am title holder.
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

Hello,

if the loan has been rapid then the bank can not retain the documents. The purchaser will have to deposit the new documents for taking the loan.

 

since you have returned the loan therefore it is incumbent upon the bank to return the money to you.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

There must be one combined deed of flat and garage 

 

2) bank would retain original documents of title 

 

3) you can keep certified copy of tile deed 

 

4) if there is one separate tile deed of garage bank can hand over originals to you 

Ajay Sethi
Advocate, Mumbai
99804 Answers
8147 Consultations

1.  Once the Flat is sold off, THEN the buyer (or the funding Bank) will permanently retain the "original chain of sale deed/s", for establishing chain of Title-Owners.  This is normal and for the safety of the buyer.  You can retain a Notarized True Copy of the Sale Deed, for your future references & income Tax returns.

2.  IF your Sale Deed was registered, THEN you can obtain a "certified copy" of the deed from the office of the registrar of sub-assurances, where the sale deed was originally registered.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Since you are selling the property  your purchaser is entitled to get original copy of your title deed.

And you once going to sale the property you have no right to keep hold of the original title deed.

Since your purchaser is taking loan from bank the bank is quite right in asking for the original copy of the title deed.

I wonder after sale of the property what you would do with the titile deed.

So you handover the deed to your buyer and let him deal with the bank whetehr to hand it over to bank or not by him. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

They can't keep the original deed as the loan is repaid by you.  They need to return the same.  You can approached banking ombudsman or consumer court for the same

Prashant Nayak
Advocate, Mumbai
34531 Answers
249 Consultations

See bank shall not return the original deed to you in case the new loan is from SBI you can take certified copy of your sale deed and the new sale deed and based on that you can sale the garage. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

All originals are kept with bank till loan not cleared. And you have no separate deed to confirm your ownership on parking. And after sale, original sale deed have to deliver to new owner. Better keep certified copy with you. Cause after loan will clear, new flat ower will keep original deed. Hopefully in New sale deed , You have separate excluded the parking.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Since both the flat and the garage are combined in a single registered sale deed, the bank may not release the document until the entire loan has been discharged.

At this stage you cannot separate both since the documents are held by the bank for mortgage loan.

It is not understood that how could you sell the flat alone to the buyer without the original title document?

 

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

1. The Bank can not claim deposit of the sale deed of the flat along with the garrage since you have not sold the garrage to the buyer.

 

2. While selling the garrage, your buyer may want bto see the original sale deed.

 

3. However, negotiate with the Bank to settle the issue amicably.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You can obtain certified copy of sale deed,You can sale the Garage on certified copy. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Client

the bank can keep the deed of the flat you have sold to the buyer as chain deed for that you have to get a separate deed for garage portion from the office of sub registrar by showing the certified copy of new and old sales deed and also apply for change in mutation of the property of garage in your name and flat in name of buyer which i think you  already have updated record.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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