Legal Question in Banking Law in India
Incase an original Registered deed of property gets misplaced by the bank and if the same is being recreated by the bank in that case the papers will be considered as good as original documents?.Any other alternative solution can be provided so that the customer should not be in trouble in future for resale.
2 Answers from Attorneys
The Bank should certify that original deeds deposited with it are lost and that they are free from encumbrance. It is better to get a deed of indemnity from the bank and get it registered. Then with copies certified by the bank as substituted for the originals lost can be utilized by the customer to deal with the property in question. The Bank should also undertake that in the event of their later finding out the originals they would restore it to the customer.
you have to take a certified copy of the deed and take a certificate of free incumbrances from the bank with a certifiacte that he lost the deed.
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