RBI imposes 5000 Penalty Per Day on Delay if Original Documents not returned on time

RBI imposes 5000 Penalty Per Day on Delay if Original Documents not returned on time

RBI imposes 5000 Penalty Per Day on Delay if Original Documents not returned on time

The Reserve Bank of India (RBI) has issued a directive aimed at ensuring that banks and lending firms promptly release property documents to borrowers after they have repaid their loans in full. Here are some key points regarding these measures:

1. **Types of Loans Covered:** The RBI's directive covers various types of loans, including consumer durable loans, education loans, secured loans for immovable assets (such as home loans and vehicle loans), and secured personal loans.

2. **Timeline for Document Release:** Lenders are required to release all original property documents and remove charges registered with any registry within 30 days of the full repayment or settlement of the loan account. This means that once you have repaid your loan in full, the lender must return your property documents within this specified timeframe.

3. **Effective Date:** These measures are effective for all cases where the return of property documents falls due on or after December 1, 2023.

4. **Collection of Property Documents:** Borrowers can collect the original property documents either from the bank branch that serviced the loan account or from any other office of the lender where the documents are available, as per their preference. The bank will specify the timeline and place for document return in the loan sanction letters issued on or after the effective date of these measures.

5. **Procedure for Legal Heirs:** In the event of the demise of the sole borrower or joint borrowers, lenders have a laid-out procedure for returning property documents to the legal heirs. This procedure will be made available on the bank's website for customer information.

6. **Compensation for Delay:** If the lender fails to release the original property documents within 30 days of full loan repayment and the delay is attributable to the lender, they must compensate the borrower at the rate of Rs 5,000 for each day of delay. This penalty structure is in place to hold lenders accountable for any unjustified delays.

7. **Lost or Damaged Documents:** If the original property documents are lost or damaged (either in part or in full), the lender is responsible for helping borrowers obtain duplicate copies and bearing the associated costs. In addition to this, if there is a delay in providing duplicate copies, the lender must compensate the borrower at the rate of Rs 5,000 for each day of delay. In such cases, an additional 30 days are allowed to complete the procedure before calculating the delayed period penalty.

These measures are aimed at protecting the interests of genuine borrowers and ensuring that they are not subjected to unnecessary delays or harassment in obtaining their property documents after repaying their loans. Borrowers are encouraged to be aware of these guidelines and their rights in order to hold lenders accountable for any delays or issues in document release.
 
About the author
Sandeep Sadh

About Sandeep Sadh

Sandeep Sadh has been in the real estate business since 1993 in Mumbai. He has expertise in Buying, Selling, Leasing properties in Mumbai and a deep understanding of legal and tax related matters due to his experience.

Summary

Over the years, he has experienced the City's growth. He has been a columnist in the Times of India with numerous articles, which bring about a clear picture of the real estate market in Mumbai. He is a regular on NDTV, CNBC, ET Now Real Estate and Zee News, giving his experienced quotes as and when required.

Sandeep Sadh has used information and technology since the year 1998 and now what people call it Prop Tech to cater to the needs of Home Buyer, Seller, Investor and Corporates, HNI and NRI looking to Buy/Sell or Lease their properties in the Mumbai Property Market.

Sandeep has a holistic experience of real estate be it Leasing an Apartment for your CEO in the most upmarket buildings, to enter into a long lease for your office in Mumbai in prime buildings or an Investment in good projects with a detailed analysis keeping in mind the Demand and Supply and other micro factors of the project/property.

Sandeep Sadh has developed a few websites like www.mumbaipropertyexchange.com, www.realestatemumbai.com, www.propi.in which augment the real estate consulting business.

Right from Investments in Primary Markets to Selling, leasing and specializing for NRI’s all over the world. He is an expert in NRI Home Buying and Selling and has a good understanding of the Income Tax laws pertaining to Selling a Property and Repatriating funds overseas or reinvesting based on Capital Gains etc.

Experience

  • Residential Leasing
  • Commercial Leasing
  • Residential Home Buying
  • Commercial Property Buying
  • Investment Properties with complete Property Management as your Real Estate Family office

While transacting in the above segments, he has complete experience and deep understanding of the paper work, his areas of expertise are :

  1. Drafting of the Leave and License Agreements
  2. MOU for Buying/Selling Properties
  3. Drafting Agreement for Sale
  4. Gift Deeds
  5. Computing of Capital Gains with current ready reckoner values
  6. Drafting of Supporting Power of Attorney.

As an add on Service, Sandeep Sadh has tied up with various Professionals like Lawyers and Chartered Accountants who add value in transacting and specially services for Non Resident Indians.

Application to Income Tax for Lower Tax Deduction Certificate – Through a qualified CA and keeping a grip on the traction so that the remittance back to Non Resident Indians after Selling the property is seamlessly transferred.

You can connect with Sandeep Sadh on ssadh@mumbaipropertyexchange.com

LinkedIn - https://www.linkedin.com/in/sandeepsadhmpe/