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Regarding certified copy on partition deed

Querist : Anonymous (Querist) 20 April 2024 This query is : Resolved 
Hello sir
Our property is registered as partition deed between two brothers me and my younger one , but orginal partition deed is with my younger brother who is denying to give us for our personal use as for loans or any other reasons , our partition deed done in 2015 , now we needed original document for loan for which they denying to give , I thought to take certified copy of partition deed will it be valid for documentation in bank ???
T. Kalaiselvan, Advocate (Expert) 20 April 2024
Since this is a partition deed, the certified copy obtained for the purpose of loan from the sub registrar's office will be considered as a valid document
Advocate Bhartesh goyal (Expert) 20 April 2024
Yes,certified copy of partition deed obtained from sub registrar office will suffice your purpose.
kavksatyanarayana (Expert) 20 April 2024
Yes. You can get a certified copy of the partition deed from the Sub Registrar concerned by paying necessary fees.
Querist : Anonymous (Querist) 20 April 2024
Thank you for replies sirs, But
How can I convince to the bank with certified copy sir , if banks deny hat will be the next option, I thought to register seperate deed is it possible on my self ???
T. Kalaiselvan, Advocate (Expert) 20 April 2024
Since it is a partition deed, the bank cannot insist on original deed because only one of the shareholders can possess the original registered deed and not all the shareholders.
Hence the certified copy of the registration document cannot be denied by bank.
Querist : Anonymous (Querist) 21 April 2024
Thank you so much for valuable information sir
T. Kalaiselvan, Advocate (Expert) 21 April 2024
You are welcome for your appreciations
When a Partition Deed is drafted, normally a clause is included stating with whom the original shall be kept. If your brother is not cooperative and you are compelled to take a Certified Copy, such copy also shall show the fact with whom the original Partition Copy is to be kept. If your Brother's name is written therein, that will convince the Bank to further process your loan application with the Certified Copy. Further, kindly note that Bank Officials themselves do not peruse the legal documents. All banks have branch-wise Panel Advocates and as and when a loan application is received, the applicant is asked to get a legal opinion from one of the Panel Advocates, provided they find the Loan proposal/application prima facia OK for sanction. The Panel Advocate while giving his/her Legal Opinion, shall prescribe the documents which need to be deposited by the Mortgagor and/or Borrower as the case may be, in original and/or true copies/Certified Copies, for the borrower to create a valid mortgage. Based on such Legal Scrutiny Report(LSR), the bank branch either approves the report or refers it to higher authorities for approval, depending upon the delegation of powers as per the credit policy of the Bank. Once the LSR is approved, the loan application is further processed.
Querist : Anonymous (Querist) 22 April 2024
Ok sir will start process with the certified copy , let's see what banks give us feedback for documentation process with certified copy or else ?? I will get back to you all in the process
T. Kalaiselvan, Advocate (Expert) 23 April 2024
You are always welcome to revert with more issues on the subject if your problems are not solved despite following the proper procedures.

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