Thursday, 23 January 2025

Banks Giving Loans Without Proper Title Search Reports : Supreme Court Flags Issue To RBI; Says Officials Who Approved Loan Be Made Liable

 

IN THE SUPREME COURT OF INDIA 
CIVIL APPELLATE JURISDICTION 
 CIVIL APPEAL NO.1876 OF 2016 
CENTRAL BANK OF INDIA & ANR. Appellant(s) 
 VERSUS SMT. PRABHA JAIN & ORS. Respondent(s) 
WITH CIVIL APPEAL NO.1877 OF 2016 
CIVIL APPEAL NO.1896 OF 2016

44. Before we close this litigation, we deem it necessary to observe that Banks should remain very careful with inadequate title clearance reports, more particularly, when such reports are obtained cheaply and at times for external reasons. This concerns the protection of public money and is in the larger public interest. Therefore, it is essential for the Reserve Bank of India and other stakeholders to collaborate in developing a standardized and practical approach for preparing title search report before sanctioning loans and also for the purpose of determining liability (including potential criminal action) of the Officer who approves loan. Additionally, there should be standard guidelines for fees and costs associated with title search reports so as to ensure that they maintain high quality.

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