Concern related to flat sale deed
Deepak
(Querist) 01 September 2018
This query is : Resolved
Dear Experts,
My concern is related to Flat Sale deed which is as below.
� Recently I have completed agreement to sale of my flat now we are planning to do the sale deed of said flat.
� To purchase this flat I have taken home loan which I have already cleared.
� And My Bank has released no dues certificate and original document except share certificate.
� Bank manager told me that this document is kept in another file due to that they missed to provide this document, But they will provide this within 7 days .
� Based on other document Flat Purchaser Bank has given clearance for Sale deed, same we have scheduled it on upcoming Thursday.
� Purchaser bank has issued balance amount cheque photo copy to proceed sale deed.
And asked to provide share certificate to release cheque amount.
� I have doubt that my bank has misplace Share certificate
So request you to pl suggest that , is there any way to produce duplicate copy of share certificate ?
And what if share certificate process take long time and mean time cheque validity date over .
Pl suggest .
Kishor Mehta
(Expert) 02 September 2018
You have to request your Society for a duplicate share certificate, which the Society will issue after observing certain rules.
Dr J C Vashista
(Expert) 02 September 2018
Doll out few thousand rupees to a local prudent lawyer for proper guidance and proceeding.
Kumar Doab
(Expert) 02 September 2018
Ask the BM to issue a written communication to you stating that said certificate is not traceable since (date of your last-final payment) and/or is misplaced.
Thereafter you may narrate all interactions (in writing and under proper acknowledgment) and remind that banker/BM mentioned that said certificate is filed in other file and will be handed over to you.
Let BM conclude that the said certificate is lost.
This written and irrefutable written record may be kept safely by you.
This is a lapse/deficiency on part of lender/bank/banker.
The Bank/lender has policies on such matters to compensate the customer/borrower and have to come forward to recreate the docs.
Kumar Doab
(Expert) 02 September 2018
You have the discretion of approaching alongwith elders of your family, competent and experineded well wishers, a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Consumer/Civil matters as in your case, and well versed with LOCAL applicable rules/personal laws, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, on record ..
There are such very able counsels at each location.
Check for such counsels at LOCAL DCDRF, Civil courts, HC, SC…
You may proceed as deemed fit to you, at your end.
