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Sushruth   13 July 2018

Discharge deed not executed by the bank

Need advice. Here is the situation:

'A' had obtained loan from a bank by mortgaging his property by way of Deposit of Title Deeds. DTD was duly registered before the jurisdictional Sub-Registrar.  'A' cleared the loan and obtained No Due Certificate from the bank, but did not get the Discharge Deed registered.  'A' sold the property to 'B' and moved out of town. Its been several years and 'A' is not traceable now.  The Bank confirms that there are no dues pending against the property. However, they are not ready to execute the Discharge Deed /Receipt in the absence of 'A'. Now is there any way to get Registered Discharge Deed done? (Logically its not a problem, I know; but technically, as the DTD was registered, Discharge Deed also needs to be registered. Else, as per the Sub-Registrar records, charge will remain pending.)

Thank you,

-Sush



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