I was purchasing a property for which the original conveyance deed is laminated. Bank told me that they do not sanction loans in case property document is laminated. Lot of people in the past had done the lamination of documents which need to be preserved for longer duration like education certificates or property documents. Please suggest if there is a way forward. I was told that the lamination can be removed by the people who does the lamination, but also heard of cases where the document got damaged in that process. Please suggest the way forward. more
Unfortunately, our records with the registrar have been manually maintained where it is very difficult to verify the lein. This I understand has become practical and better since the start of computerization of records as the lein can be found by them based on the address of the property. But earlier, these transactions were just recorded in registers and there was not way to find for these liens. more
It appears...... banks do verify and "register their claim" (known as lien in many contries) and register it at the Registrar's Office.... If this, in fact, "protects the bank", then why this fuss over "(non)laminated copy", original, authentic documents etc.... as ownership can be readily verified during Registration. Therefore.... the "demand for original documents" is just to "protect oneself" and avoid responsibility. Unfortunately..... as many have pointed out..... Registrar's Offices are full of manipulation, corruption, etc... so we are back to square one...... If Registrars Records are valid, authentic and "recognized as such by the courts"...... then all that one needs is to verify this and file their claim therein...... This claim will have to cleared before the property can be sold to ANYONE..... if on the other hand these Registrar's Records are bogus that "hold no water" then the real owner could be anywhere..... with genuine or fraudulent documents.... As you can see...... due to corruption, of all kinds and in numerous forms", that unless THE REGISTRARS RECORDS ARE THE ONE AND ONLY RECORD for verification and validation of ownership...... all buyers are at the mercy of the Real Estate fraud..... as ALL DOCUMENTS CAN AND ARE BEING FORGED BY FRAUDSTERS...... it is their business.... IN A SWACHH BHARAT...... THE REGISTRARS RECORDS WOULD BE "KING"...... AND JUST LIKE THE KING HE MUST BE ABOVE REPROACH.... THIS IS THE REAL CHALLENGE OF SWACHH BHARAT...... NOT JUST CLEAN STREETS AND NEIGHBORHOODS... ALONE.... Till then...... Bhagwan Bharosaay...... !!!! more
please note there are two type of mortgage prevailing in Banking/ financial sector while securing the funds landed by them UREM/ SRM 99% funding is done through UREM where original documents are kept with financing institution after noting in mortgage register after getting clearance from law section and vetted by panel advocate. Only Rs100/ stamp paper is required in DELHI to complete this transaction. This mortgage is not noted with any record of sub registrar. Stamp duty for this may differ state to state. Other mortgage is SRM which is done at sub registrar office after paying stamp duty prevailing rate fixed by respective state since it is very costly affair no client prefer it. However agricultural land or when lawyer suggests it is required SRM is done at sub registrar office . This is duly recorded others are not recorded at all. There fore please understand it is very necessary to have original documents with advocate certificate of genuineness to create UREM which not possible with laminated papers. more
There is no 100% solution as EVERYONE is relying on documents.... paper only for validation of ownership..... In most countries overseas.... the Registrar's Records play a vital and dominant role in establishing ownership..... and this is where banks, title insurance companies, buyers, etc... go to establish the "real and genuine owners"... As you would have guessed..... the Registrar is a government official and this by itself "holds a lot of water" in the courts and society. Unfortunately, due to corruption in the Indian system of Governance, these "officials" have become puppets of power, money and greed..... documents, records etc.. are altered, changed, lost, outright replaced, destroyed, etc.... (there is no limit to the ingenuity of the fraud).... So, if one is to rely only on documents..... then all one can say..... ALL THE BEST..... and this is the crux of the problem..... laminated or not, original and authenticated, notarized, etc... they can and are being ALL FRAUDULENTLY PRODUCED BY ONE AND ALL WHO ARE IN THIS "BUSINESS"...... of Fraud... Once I was purchasing a property in Gurgaon and a Supreme Court lawyer said to me, after reviewing my Sale Agreement, said "you have a solid document and I can assure you I will get you the property.... however.... I cannot guarantee when.... because if the buyer sells it to someone else.... we will just be running to te courts for the next 20, 30 years or more. So go..... get the keys and take physical possession.... then do not worry I can get you immediately"..... He put tge "documents" in their "proper place"...... always subject to risk and doubt.... This I think is the crux of the problem...... a 100% secure and valid document or Registration system does not exist in India and so everyone buys "at risk" and the bank's are just trying to MINIMIZE their risk..... as they are putting up the money after all..... If this "system" is NOT a mess.... then I do not know what is.... Trying to rationalize the process is just for "self satisfaction" only, as there are no 100% guarantees.... more
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