Legal Question in Banking Law in India
Sir,
I had take a loan from State Bank of India for which for which I had submitted my property papers as a security/mortgage. Now I have completed my loan and I have been given a clearance certificate. But from last two days they have been searching my property papers. Hope every thing goes well!. If it is missing or lost in their possession, will the State Bank of India provide me with all legal documents. Please let me know
4 Answers from Attorneys
yes, the State Bank of India would give a report that the property documents are not traceable and on the basis of which you can lodge a non cognizable report before the concerned police station and apply for certified copies of the documents.
In case SBI could not trace the papers, they can be compelled to give a certificate to the effect that they have lost the documents and will have also to provide at their cost registration/certified copies of documents you had deposited with them together with an indemnity bond indemnifying you from any loss, claims, actions etc. If they don't do it complain to Banking Ombudsman
Usually it takes about 15 days for the Bank return documents after clearance certificate.
You can obtain the certificate from the Bank that they have lost the documents and ask them to file a police complaint and obtain the FIR original / copy for your record. Thereafter, you will have to follow a certain procedure applicable for lost documents, which I will advice on paid basis by email:
email to : [email protected]
While the course of action suggested by other experts is OK I have a feeling that you are rushing to conclusion as normally such important documents are not misssing from the bank like SBI. Please give some time to the Bank and then decide further course of action
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