Sale agrrement


Weather registration of sale agreement is possible without releasing morthage with the bank even after clearing dues? Is it compulsory to exicute mortgage release deed?
Plz clarify Thank you
 
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Advocate

What is stand on this query ?  Consult local lawyer with all details and seek clarity 

 
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Advocate

The facts, as posted, lack clarity.

 
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A person has availed loan by doing mortgage an agri land in a bank in 2017 and he cleared all dues later in 2018 but mortgage has not released in bank.Now he wants to sell his property by registering sale agreement.When he consult Local Sub registrar office they are asking for mortgage release deed and bank manager has to attend SRO. since its COvid time manager is unable to attend and the bank manager saying that he will come to SRO after 10 days. What step the borrower can take and how can he solve the problem since he want to sell property immidiately for his needs
 
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Lawyer

After clearing loan account of the Bank, the mortgage is stated to have been redeemed. Consequently the Bank has no right, claim or interest in the property mortgaged.

Bank must have returned original title documents to the lonee/ mortgagee.

However, if the Bank has not released title documents since 2018 when the mortgage was redeemed, issue legal notice for return of the documents retained illegally and unathorisedly..

The owner is well within his rights to sell the property as there is no encumbrance on the subject land.

Consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.   

 
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Advocate

Again have some doubt on your issues that what is the reason the bankers not released the document. Any written submission been given to Banker? what the banker Reply?

As for as the sale agreement concern it can be made at any time. What is the content of agreement? any special clause been added? 

Therefore, better to consult a local lawyer and seek advise and act accordingly

 
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Retired employee.

You can not force events as you like.  As 10 days is not a long delay, you can wait.  Now that banks commenced functioning from 10.00 am to 2.00 Pm, If oral assurances fail, issue a notice to Bank Manager to fix the timing for registering such deeds required as per SRO within a week.  No manager generally refuse to attend such mandatory requirement.  If the bank is having certain other dues which are overdue (from you as borrower in other accounts or as guarantor), they can refuse to release the security as they have the right to general lien.

 
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Borrower requested the manager orally to release the deed for 3 or 4 times previousely but he didnt respond,yesterday written request has given and the manager acknowledged it and replied that he will shedule for release of deed and asked to bring fair format of release deed. any further move can take?
 
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Retired employee.

Your purpose is served.  Give the advance copy of such deed required for his signature in two sets, so that he can seek either lawyer's opinion or his superior's opinion by submitting one set.

Contact the manager, and if there were any such cancellations of mortgage format in the past in the computer system, just obtain a print, change the name of the borrower, amount, and descripttion of the property.  In fact, it is the duty of the banker to provide such a format of release deed as per their manual.

When you have established good relations, you should not fight with officials who had a short tenure of 3 years.  You are a permanent resident with a good track record and the Bank must stay in your village.  The officials are liable for transfer.  Hence even if someone is not extending minimum courtesy, ignore those officials with ego and arrogance, and get your work finished.

 

 
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Advocate

The law cannot act on someone's urgency by flouting the rules or law in this regard.

You may have to get the mortgage release deed registered with the SRO executed by the bank  manager, till then the seller is not having clear and marketable title.\Hence  he can afford to wait for the time requested by the bank manager to do the needful.

 

 
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