Kamanasish Purkayastha 20 July 2023

Mortgaging land for loan

I have just applied a loan for my home extension and going to mortgage my property papers for this. I have 2 kathas of land. I have purchased this property in 1993 by a registered sale deed from A & B (seller). At the time of registration, B appointed A as her POA. So all the signatures and others have been done by A only. Now I have a certified copy of that POA but bank is asking for original POA as according to them it is a integral part of the deed. I would request experts to please enlighten me on this. Thank you.

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4 Replies

Real Soul.... (LEGAL) 20 July 2023

The certified copy is same as Original as that is verified under section 76 of Evidance Act ;

"76: Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal; and such copies so certified shall be called certified copies.

Explanation.- Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section."

Mr. Sumitra kumar (Advocate) 20 July 2023

@Querist,

First pay and then seek advice.

Note-Most people come here either to insult or to make fun or to satisfy academic quest or not to pay locally practising advocate. I don't and will never entertain such questions.

Thank you.