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sahil (prop)     06 March 2012

Sale deed not given by the bank

Hi,

I had availed a limit from the bank with my property as collateral. At the same time i gave a personal guarantee for my friends loan account.

After paying all my dues when i went to get my original sale deed from the bank ,the same was not given and the bank refused to give the original sale deed as the account in which the guarantee was given has become NPA.

I want to know whether the bank can retain my sale deed as i have not mortagaged it in the guarantee.And the property given by the NPA account holder is sufficient for the bank to recover all the dues .

what should i do in this case.



Learning

 3 Replies

RAJU O.F., (Advocate)     06 March 2012

Since you are guarantor to the defaulted NPA a/c, bank is justified in keeping the title documents.  They can not attach or take possession of that property, without Orders from a proper court.  You may compel the borrower to settle his dues with the bank.

Kumar Doab (FIN)     06 March 2012

If the borrower is absconding from the bank, help the bank to locate and inform his whereabouts in writing under acknowledgment.

Follow the advice of Mr. Rajoo.

MANOJ HARIT (LAWYER)     06 March 2012

The Bank has no legal right to keep the document. U may issue a Notice to the Bank demanding the return of the documents. If U r from Maharashtra u may contact Adv. Manish Bohade on 9371505560. OR m.bohade@rediffmail.com.


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