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Barun Kumar   18 May 2016

Bank lost sale deed documnet

I am buying a flat in Hyderabad. In my case I have paid INR 8Lac during sale agreement as a token advance after that owner closed the existing Bank loan and got loan closer certified copy from Bank. Now Owner trying to get Original sale deed from Bank but bank manager is saying that they have lost/ not able to find original sale deed doc, meanwhile bank have given Certified sale deed copy to owner also owner got original EC copy from Sub Registrar office.

I am wondering what I have to do. Shall I go for registration or need to wait to get original copy of deed. Let me know if any other way to resolve this matter and what all risk if i buying this flat.



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 3 Replies

Kumar Doab (FIN)     18 May 2016

Has the bank issued a written communication (addressed to the borrower and owner of the flat or you) on its letterhead under original seal and signature of the competent employee that BM/Bank/branch has lost the original sale deed?

 

If yes has it supplied the certified  copy of the newspaper publications, FIR it has lodged to declare the loss of original sale deed?

 

Who has applied for certified copies ; seller or Bank?

Who has written to you that original copy is lost; Bank/seller?

Does the seller have acknowledgment issued to borrowe (seller) by bank for having received the original sale deed, and has the bank issued authenticated copies of laon brochure, loan application, loan approval, loan agreement, loan statement of each month, Final statement shwoing closure of loan shwoing all payment received and NIL balance? 

The BM/Bank/branch is deficient.

BM/Bank/branch is liable to recreate the original docs.

Have you signed any bipatriate/tripatriate agreement with seller and bank?

Did the seller declare to you (say in sale agreement) that the property is mortgaged with bank?

 

You may inquire the procedure/forms/formats from SRO that are involved in getting a certified copy of the sale deed from SRO?

 

 

 

 

Barun Kumar   18 May 2016

Has the bank issued a written communication (addressed to the borrower and owner of the flat or you) on its letterhead under original seal and signature of the competent employee that BM/Bank/branch has lost the original sale deed? No, BM is saying that they are trying to find out original sale deed. Today I told Seller to get the written from bank they have lost the sale deed.

 

If yes has it supplied the certified  copy of the newspaper publications, FIR it has lodged to declare the loss of original sale deed?

 

Who has applied for certified copies ; seller or Bank? Bank, Bank applied certified sale deed directly to SRO.

Who has written to you that original copy is lost; Bank/seller? Seller is telling me original sale deed is lost/ not able to find by bank.

 

Does the seller have acknowledgment issued to borrowe (seller) by bank for having received the original sale deed, and has the bank issued authenticated copies of loan brochure, loan application, loan approval, loan agreement, loan statement of each month, Final statement showing closure of loan showing all payment received and NIL balance? Yes, Seller has given proof of postal acknowledgment to bank that is showing bank have received original sale deed from SRO.

 

Seller got Loan closer certificate from bank. Which state that loan have been closed.

 

The BM/Bank/branch is deficient.

BM/Bank/branch is liable to recreate the original docs.

Have you signed any bipatriate/tripatriate agreement with seller and bank? Agreement of sale.

Did the seller declare to you (say in sale agreement) that the property is mortgaged with bank? Yes

 

You may inquire the procedure/forms/formats from SRO that are involved in getting a certified copy of the sale deed from SRO? Yes


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  • Kumar Doab (FIN)     18 May 2016

    Does the seller have acknowledgment issued to borrower (seller) by bank for having received the original sale deed, and has the bank issued authenticated copies of loan brochure, loan application, loan approval, loan agreement, loan statement of each month, Final statement showing closure of loan showing all payment received and NIL balance?

     

    You have not properly understood the above point.

    The bank is to issue acknowledgment and authenticated copies of each above mentioned document.

     

     


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