Lost of original lease deed (patta)
prasoon saxena
(Querist) 12 March 2020
This query is : Resolved
I have a house in Triveni Nagar, Jaipur. I have lost my original lease deed(Patta) issued by Jaipur Development Authority. As soon as I lost the same, I logged FIR in related thana and published in two leading news paper of Rajasthan for return paper if any body found it. I also got a duplicate copy of the same from Registrar Jaipur. However when I tried to sold my house the Buyer contacted the bank but the banks denied to sanction loan against my house with the reason that there is no original lease deed(patta).Please help me that how can he get loan without original lease deed(patta).
SHIRISH PAWAR, 7738990900
(Expert) 12 March 2020
Dear querist,
Without original documents you will not get loan from bank as bank may assume some risk for loan.
Regards,
Raj Kumar Makkad
(Expert) 12 March 2020
Contact some another banker as all formalities have already been complete showing the loss of original Patta. Generally banker do require indemnity bond in such cases.
kavksatyanarayana
(Expert) 12 March 2020
the copy of the deed obtained from the Registrar Office concerned with signature and seal of the Registrar, that copy shall be treated as Original. so try in other bank.
Raj Kumar Makkad
(Expert) 12 March 2020
Respected expert kavksatyanayana! The author has already posted the fact the attested/duplicate copy obtained from the office of registrar has not been accepted by the banker.
Rajendra K Goyal
(Expert) 13 March 2020
Whether the Bank is Public Sector or Private Sector?
Have you obtained legal opinion from the Bank's Lawyer? If yes, what is the report?
Have you submitted the loan application in writing and the objection has been conveyed to you in writing?
Rajendra K Goyal
(Expert) 13 March 2020
If the Bank is public sector, applicant of loan may take up the matter with the controllers / head Office of the Bank.
Sometimes, for easy approach, lack of knowledge, Loan officer may avoid to entertain such cases.
Bank may ask a sworn affidavit to the effect that the Original Patta is actually missing and has not been submitted to a lender as security.
krishna mohan
(Expert) 13 March 2020
Bank security against the loan is original title documents. In your case it is not available. You can consult a local lawyer specialized on property matters to explore a legal means including issue of duplicate putta with a clear mention that it is issued in lieu of orginal putta claimed as lost by the putta holder. Bank in any case will ask for Security or Indemnity as per rules which you need to execute.
P. Venu
(Expert) 14 March 2020
You can take up the issue with the Banking Ombudsman.
Rajendra K Goyal
(Expert) 15 March 2020
The buyer of property want to take loan, he may offer any other / alternate / additional security for getting the loan.
T. Kalaiselvan, Advocate
(Expert) 16 March 2020
Granting of loan is the discretion of the bank manager, they can decide about refusing the loan if the documents are not satisfactory.
Hence you may approach a different bank which is ready to grant loan on the basis of the genuine documents held in your possession because you cannot legally force the refusing bank to approve loan.
Rajendra K Goyal
(Expert) 16 March 2020
Granting of loan is not the sole discretion of Bank Manager. All the Banks have definite guidelines, RBI and Government guidelines and rules which need to be followed. Bank Manager has to follow the guidelines and rules and has very little scope for discretion. However, in the procedure there are no. of reasons, ifs and buts which can result refusal of loan on one or other ground.
To avoid such situation, better move to some other Bank.
