Mansi Airi Gambhir enrolled with the Delhi Bar Council in 2009 and holds Masters in Corporate Laws f... Read More
Claiming of mortgaged property papers after repayment of the loan
I had taken a mortgage loan in 2008 from Rajasthan Corporation against a property. I had no guarantee and thus, my friend, on a stamp paper of Rs. 100, asked me to sign on the paper and he deposited it as a guarantee to the bank that if I am unable to return the amount my property will be theirs. Now that I have paid the whole amount the bank is still not releasing the stamp paper. What can I do in this case?
- Sector-1, Noida
First of all you have not mentioned the entire facts of the case. Further, on Rs 100 Stamp paper stating that your property will be the banks' is not the proper procedure. Usually, banks while offering a loan will keep the original title deeds of property or would require a Guarantor. If the last EMI and all outstanding dues have been paid, then you need to write a letter to the bank requesting a return of the original documents. The bank will return your original documents and issue a closure letter stating that there is no outstanding amount. It will also give a N.O.C stating that it no longer has an interest in the property. If mortgage has been registered, then the no- objection certificate needs to be taken to the Registrar’s Office to get the lien removed. The borrower and a representative of the bank need to be present for this. However, if the mortgage is not registered, the bank will simply returns the title deeds. In case the bank fails to return the said document, we suggest you to engage an advocate who after examining your document, who may also suggest you the further course of action.
Answered on 28 Sep 2018
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