Legal Question in Banking Law in India
What formalities are required to create equitable mortgage on certified copies of title deeds when originals are lost
2 Answers from Attorneys
The formalities vary from state to state and also the nature of the documents lost. It is preferable to contact a local lawyer and inform the full details and proceed thereafter to complete the transaction in your best interests.
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complaint about loss of title deeds to local police. F.I.R. copy to be obtained. Publication in local newspaper about the loss of originals and calling upon whomsoever having the same to deliver it to the owner or to prove his claim if any within a fixed time. if there is no response, file an affidavit stating about the irretrivable loss of the originals. Thereupon the E.M. can be created with a memorandum of deposit of title deeds with certified copies duly registered. These are the normal methods adopted where originals are irretrievably lost.
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