If he has used it without your permission then it’s cheating and you can tell bank to handover the same to you 

Bank cannot give your original documents of title of land to your brother without your consent,

File a police complaint against your brother for criminal breach of  trust for refusing to handover your original documents of title

If your brother is not the full or art share holder in the property, the Bank will never accept this a security for the loan.

If he is not and he used your forged signature to create the security for loan then it is a fit case for cheating and forgery and then asking for return of your documents from Bank. 

If you have obtained loan from bank on your name then the bank has to return the original documents only to you on discharge of loan amount.

Whereas you have stated that he obtained loan pledging your property documents without your consent or any loan application signed by you.

In that case the bank will return the property documents to him only if he is the borrower and discharged the loan amount.

You can issue a legal notice to him to handover the property documents to you failing which you can lodge a criminal complaint against him.

1. Banks are not allowed to advance loan by deposit of title deed of others.
2. You have record of deposit of documents and return of the same to brother.
3. You can file a criminal complaint against him for criminal breach of trust if he fails to return the  same to you.

1. Bank Verification: Check with the bank how the documents were released and if your signature was forged.

2. Gather Evidence: Collect property ownership proofs and check for any misuse or forgery.

3. Legal Notice: Send a legal notice to your brother demanding the return of the documents.

4. Police Complaint: File an FIR for unlawful possession or forgery if needed.

5. Legal Action: File a civil suit to recover the documents and a criminal case if fraud is involved.

6. Protect Property: Notify local authorities to prevent unauthorized transfer or sale.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Your concern is valid, and the situation requires immediate attention. Banks are typically not allowed to release property documents to anyone other than the rightful owner or authorised person as per the loan agreement. If the property was mortgaged without your knowledge or consent, this could constitute fraud or forgery, which are serious legal offences. Here’s what you can do:

1. Contact the Bank: Reach out to the bank to verify how your property documents were handed over to your brother. Request a copy of the loan application and any related documents to check for any forged signatures or misrepresentation.

2. File a Police Complaint: If you suspect forgery or fraud, lodge a formal police complaint against your brother. Include all relevant details and evidence, such as the absence of your consent or signature.

3. Issue a Legal Notice: Through an advocate, issue a legal notice to your brother demanding the return of your property documents. Highlight the misuse of the documents and the legal consequences of his actions.

4. File a Civil Suit: If your brother does not comply, you can file a civil suit for recovery of documents and declare your ownership rights over the property.

5. Consult a Lawyer: Given the complexity of the situation, consult an experienced property lawyer to guide you on the appropriate legal recourse based on the facts of your case.

Acting promptly and documenting all communications will strengthen your case and help safeguard your rights.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

- if the said land is in your name , then how the bank sanctioned him loan without getting your consent and in the absence of any authority letter.

- Further, if you brother has taken loan without getting your consent and approval then it amounts to offence of cheating, and complaint can be filed against your brother and the said bank. 

- Further, the bank should not returned the documents to your bother even after paying the loan amount , if he is not an owner of the land and property document is in your name. 

The bank must have returned back the docs to then borrower after he paid off the debts.

You can send a legal notice to your brothers, and call upon him to forthwith return the original docs of the parrots. If he fails to oblige to your legal notice, lodge a Police complaint against him for criminal breach of trust.