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Property documents misplaced/lost by bank how to proceed legally
11-Aug-2023 (In Consumer Court Law)
Hi, After paying full home loan HDFC bank has not returned my property docs.On writing numerous emails now they have accepted that they have misplaced my property docs and are not in the position to hand it over to me.The solution that they have replied is that they will assist in issuing duplicate property doc.I am from a middle class family with a private job,The property i bought is from the hard earned money and I had plans to sell it for for better future plans,but because of the loss of docs I am facing financial and mental issues.Even if I get the duplicate docs nobody can give me the guarranty of not facing any issues with the property in future. (1) Can I propose the bank to buy this property and pay me acording to market rate (2) Does the duplicate property docs pose any problem in selling the property or getting the loan against the same property in near future?(2)how much compensation can I ask for the property of approx 40L, can this be resolved outside the court and how?
immediately issue legal notice to them claiming property papers in a week. if they failed give, lodge a complaint to the police. you can also file consumer case seeking damages with them. contact us immediately to take necessary action
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Adv. Govindaraju K
Bangalore | 100+ Answers
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Issue a legal notice to them by contacting any advocate and later by seeing their reply and if they replied in negative manner you can sue against them. Otherwise let them to come and submit the affidavit at the concerned sub registrar office where your property is registered by mentioning that they have misplaced your property's original documents hence issuing duplicate one and they are responsible for the same and if any constrain or any dispute related to the property in future relating to your property documents the bank will be held responsible to full fill the loss let them to submit that and also enter one agreement with them by making them to agree by taking the above stated responsibilities. Consult advocate and issue legal notice first.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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