bank powers over documents of mortgaged property

meenakshi chauhan (Querist) 24 July 2010 This query is : Resolved
We had mortgaged our property to one bank, and all the related documents of that property were submitted to them. but without our permission or intimating us bank provided our documents to police for investigation of our some family property dispute. please tell can bank give our documents to police without intimating us or taking our consent, if yes then under which act or law. Thank you

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Devajyoti Barman (Expert) 24 July 2010
The bank has certainly over stepped its jurisdiction if the ongoing dispute does not relate to them in any way.
You can lodge a complaint to the RBI.

s.subramanian (Expert) 24 July 2010
if the bank has handed over the documents during the course of lawful criminal investigation by police,the bank is within lawful limits. otherwise you are at liberty to proceed agisnt the bank .

Parthasarathi Loganathan (Expert) 26 July 2010
NO bank will just hand over loan documents to police authorities unless they are legally bound by specific enactmnents.

meenakshi chauhan (Querist) 27 July 2010
@Mr.barman the case is not related to bank. @Mr.subramanian bank provided the documents to the police when the FIR was not registered, that was registered later on. there was a complaint which was under investigation with EOW, during which the documents were demanded from bank.
@Mr.Loganathan what kind of specific enactments you are talking about.

and still the documents are in the police custody.

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