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Murthy Vaidheeswaran   26 November 2025

Mising release deed - original

Property Ownership & History ==================== The property has been in the family for over 60 years: 30+ years: Owned and occupied by the father (current owner). Prior 30 years: Occupied by the grandfather, until his death. Family Structure & Succession =================== The grandfather had two children: Father (current occupant and claimant). Aunt (sister of father). After the grandfather’s death: Aunt and grandmother executed a Release Deed in favor of the father, relinquishing all claims. This Release Deed granted full ownership of the property to the father. Release Deed Details ============== The Release Deed was: Legally executed and Duly registered with the Sub-Registrar Office (SRO). A certified copy of the registered Release Deed is in possession. Original deed has been lost or misplaced. Issue with Banks =========== While attempting to sell the property, the bank is refusing to process loans due to: Non-availability of the original Release Deed. The Hon’ble Supreme Court of India has ruled: Certified copies of registered documents are valid and acceptable for registration and ownership proof. However, the bank’s position: The Supreme Court ruling applies only to SROs, not to private institutions like banks. Therefore, they insist on the original. Attempt to File Police Report / Obtain NTC ============================ Attempted to obtain a Non-Traceable Certificate (NTC) from the police station regarding the lost original. Police authorities refused, citing a court order: NTCs are no longer issued as per internal directives or judicial pronouncements. Key Legal Questions Raised ================== Is the bank correct in rejecting certified copies and demanding the original deed? Is there a legal recourse to compel banks to accept certified copies? How can one proceed when both: Banks refuse to act without the original, and Police refuse to issue an NTC? What are the alternatives or remedies available in such a scenario?


 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 November 2025

The bank's stance seems unfair, given the Supreme Court ruling. You have a certified copy of the registered Release Deed, which should be sufficient. To address this, you could: -

Approach the bank's higher authorities or customer service team, citing the Supreme Court ruling - Consult a lawyer to draft a letter to the bank, explaining the situation and referencing the ruling -

 Explore alternative options for verifying property ownership, such as obtaining a title insurance policy You may also want to look into the specific court order that led to the police refusing the NTC.

2 Like

T. Kalaiselvan, Advocate (Advocate)     26 November 2025

Every bank has its own rules and regulations to sanction loan against property, the supreme court judgement is not for bank loans as rightly opined by the banker.

You may not get any relief even if you plan to escalate the issue through legal sources against the bank.

The alternate option is to approach a different bank that is willing to offer loan on the basis of the available documents in your possession.

Don't waste time under misguided opinions.

kavksatyanarayana (subregistrar/supdt.(retired))     26 November 2025

Yes.  There is a Supreme Court of India ruling on the grant of loans on the mortgage deeds of properties.  However, the RBI and several other financial institutions have established specific rules for different situations.

Dr. J C Vashista (Advocate )     28 November 2025

Cerified copy of the document is as good as Original.

It is better to show relevant records to a local prudent lawyer for proper analyses of facts/documents, professional advise and necessary proceeding.


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