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v padmanabhan   15 February 2016

Wrong affidavit

I have taken home loan and an education loan from a nationalised bank before six years from now. while taking the education loan, the bank wanted me to register "Memorandum of Deposit of Title Deed" ( which was not done while taking home loan) along with an affidavit to affirm that the I am the absolute owner of the propety of which the titlwe documents are deposited to the bank by way of equitable mortgage as a measure of security.

later the EC issued by the SRO clearly states that the encumbrance is only "Deposit of Title Deed for a consideration of ' Rs.XXX'  as loan repayable on demand"

The SRO has issued me a notice that I have to pay additional stamp ( a huge sum) duty based on the findings of their Audit. In the affidavit registered by me, the value of housing loan is wrongly typed( nearly ten times more than the amount taken as loan and also mentioned both in the "Memorandum of Deposit of Title Deed" and the subsequent EC issued by the SRO.

Am I to pay the additonal stamnp duty? May I have the affidavit corrected now ( even after six years of registering the Affidavit?

kinldly suggest me a way our please. Regards.



Learning

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