After purchasing a house or land, it is crucial to keep the registration documents. However, sometimes a situation arises where a loan is taken from a bank to acquire housing, and the bank retains the original sales contract (registration). The question arises: what to do if, in the future, you need to prove ownership of the land or house, but the original document is with the bank?
In such circumstances, there is no need to panic. Ownership of land or a house is not confirmed by only one document; various records and documents can be useful for this.
When a person takes a loan from a bank to buy a house or land, the bank often keeps the originals of the property documents. This is done to secure the loan. As long as the loan is not fully repaid, the original property documents may remain with the bank. This does not mean that the bank becomes the owner of the land. Ownership is linked to the sales contract and other relevant records, while the documents at the bank may serve as loan collateral.
If you need property-related documents for government affairs, legal proceedings, or other legal procedures, you should first contact your bank. Information about the documents held by the bank, their copies, or corresponding documents issued by the bank can help you. In some cases, the bank may provide a certified copy of the documents or allow inspection according to its procedure. Therefore, there is no need to worry just because the original documents are not at your home.
A record of this document is kept at the sub-registrar's office where the property was registered. If necessary, information about a certified copy can be obtained there. This is different from a regular photocopy and is issued by the relevant state institution. Thus, even if the original sales contract is with the bank, it does not mean that the state registration record is also lost on your end.
After purchasing land or a house, in some cases, a procedure is carried out to enter the name into local land registers, which is colloquially called 'daxil-khariz' or mutation. If your name is entered into the mutation, keep this record. The mutation itself is not considered final proof of ownership; it is mainly related to entering the name into the land register. The role of title documents, such as the sales contract, remains important for determining true ownership.
If you pay property or house tax, keep the receipts and relevant records. They can show that your name is entered in the state register regarding that property, and that you are paying taxes for that property. But here too, the principle applies that a tax payment receipt alone is not conclusive proof of ownership.
Also, keep electricity and water bills. If your name is listed on the electricity, water, or other utility bills for the house, keep them. These documents can help demonstrate your connection to the property and long-term residence there. However, they themselves are not documents confirming land rights.
If you took a mortgage loan from the bank for the same property, the bank will have many documents related to the loan. There may be loan agreements, details of property documents, and approval documents, as well as property information in bank records. These records should also be kept, especially in case any documents are needed in the future.
If someone challenges your land ownership, the matter will not be resolved solely by presenting electricity bills or tax payment receipts. In such a situation, the sales contract (registration), old land documents, state land records, daxil-khariz documents, and other relevant documents can become important. If the main land documents are with the bank, you can compile a complete chain of documents through bank records and certified copies. If the dispute is serious, it is best to consult a local real estate lawyer, as land rules and records may vary across different states.
If the original land registration is with the bank, be sure to save a scanned copy, photograph, or PDF file of it. Additionally, keep a certified copy of the registration, daxil-khariz documents, property tax receipts, bank-related documents, and other necessary papers in one place. It is best to also make a digital copy of these documents. The fact that the original registration is with the bank does not mean you have no proof of your land. The state registration record, certified copy, daxil-khariz record, bank documents, and other property-related papers can be useful when needed. However, it is important to remember which document holds the most weight in proving ownership.