Legal Question in Real Estate Law in India
loss of sale deeds by the bank
dear sir i have taken a home loan from a bank which i have forclosed in 2005 . on paying the dues they told me to collect the original documents within fifteen days .now after making me to run here and there for two months they are saying that they have lost all theoriginal documents. these includes 1)the original sale deed of the allotee from whom i have purchased the plot .2) GPA ( the plot was in the joint name of mother and daughter having a share of 50% each. the mother had taken the GPA from daughter for the purpose of sale .3)sale deed in my favour 4)all the receipts of payments made at different time to the concerned authorties.
the bank has taken the following step
1) making FIR with police
2) taking certified copies of the sale deeds.
3) putting advt in thenewspapers
i want to know if these certified copies will save my right in the property as anyone can take the same from the authority
2)in future if some some puts the claim on the basis of lost documents will i have to fight him in the court or FIR is sufficient proof to claim that he is a fraud
3)will there be any problem in saling the property on the basis of certified copies in future date
4) can duplicate papers be made from courts by paying some duty.
1 Answer from Attorneys
Re: loss of sale deeds by the bank
If the documents are genuinely lost, then the steps taken by the bank are adequate, and the same would protect your interest in future. However, as a custodian, the bank has got a duty to protect the documents, which they have not done, which gives you a right to sue them, for damages.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
