1) apply for and obtain certified copy of these documents from bank
2) when case is over you would get original documents
3) you can sue the bank to get original chain of documents
Original Chain Documents
We bought one property through auction conducted by bank and sale certificate was registered in our name . At the time of registration Authorised officer of the bank carry the original chain documents which was mortgaged by the borrower . After the completion of the registration they have not handed over the chain of documents to us , after the several follow ups for the chain of documents bank kept us in dark saying some formalities pending after completing the same they will handover the papers to us , we have further made investment on the said property and developed when we approached concerned village officer to pay the taxes and records updation we came to know that some discrepencies in the said title inorder to legalise & further sale of this property we need the original documents .Again we approached bank for the chain documents we came to know that cases is going on with borrower and bank and they again submiited the original documents to DRT , In this scenario how we can get the documents ? we can claim damages and interest from bank on our investments ?
Asked 3 years ago in Property Law
Religion: Christian
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9 Answers
We can file a recovery suit we have purchased the property five years back and we have invested more than the buying price now due to non availability of documents we can't sell the property after investing , the same is badly affecting our other business and facing liquidity crunch , so please advise us we can claim damages and loses we incurred from bank due to the non availability of original documents? in Kerala it is compulsory to show the original documents to the concerned officers and registration department they won't allow the certified copy incase of documents missing we have file FIR and news paper advertisement after completing the formalities we have to apply for duplicate copy in our case documents is with bank so we can't lodge FIR , we can file suit for recovery from bank? whether it is criminal/civil ? this can be treated us a cheating case? kindly advise
Asked 3 years ago
File complaint against bank before ombudsman for failure to reform chain of original documents
2) if no action is taken by ombudsman file complaint against bank before consumer forum and seek orders to direct bank to hand over original chin of documents
3) also seek litigation costs and compensation for mental torture undergone by you
It was the duty of the bank to handover the property related papers to the buyer after having executed the sale deed and delivered possession of the property.
If they had not done it at that time then it can be concluded that the bank was very well aware of the pending litigation in this regard which they intentionally suppressed from the buyer.
The fraudulent intention of bank is visible from this act hence you can very well drag the bank to consumer forum and expose them besides seeking handover of documents and compensation for the deficiency in service as well as for the unfair trade practice.
In fact you should get yourself impleaded as necessary party to pending DRT case also to prevent passing adverse orders against your interest.
You are planning to file a recovery suit to which you are not eligible.
What is the reason that the bank is held liable for the amount you hold bank responsible?
You have developed the property on your own.
You have spent on your own property because after sale of property bank has got no rights over the property so how can you claim any damages from the bank.
Moreover you appear not to have followed up properly with the bank after purchase to obtain the documents from them.
You can sue the bank through consumer forum for deficiency in service, and return of the property documents and compensation for the mental agony caused to you due to this.
1. Do not make any further investment on the said property since the case in connection with the same is pending before the DRT.
2. If the Borrower's application is allowed, the sale might be cancelled.
3. You can file a Writ Petition before the High Court seeking direction upon the Bank to either handover the concerned link deeds to you or cancel the sale refunding the entire amount paid by you including the registration cost and also interest with legal cost.
1. Recovery Suit will take years to be disposed of.
2. So, in such cases the best option is to file Writ Petition to get back the amount invested with interest and legal cost..
Yes recovery suit and FIR both tenable in this matter
To moment sale consideration is paid to seller, he becomes trustee of the title documents of the property and has to hand over the same to the buyer. By refusing of handover the documents bank has committed offence of criminal breach of trust. You can file a criminal complaint in the Court of Magistrate against the bank officials. A clear criminal offence is made out against the bank. Any amount of damage cannot compensate you for the loss.
Dear client, you can file case for the recovery of the document or ask amicably for the same. Moreover you can claim damage form your bank
