Legal Question in Banking Law in India

Non return of security documents, after full repayment of loan, is a deficiency in service according to a judgement passed by the Consumer Court/Apex Court.

My father (now deceased) was a GUARANTOR to a loan account backed by equitable mortgage of his homested property. The loan had fully been repaid and No Due Certificate obtained from the Bank. Now, the Bank has DENIED parting with the Title Deed to me (only surviving son) even on production of Death Certificate of my late father. The Bank has demanded presence of ALL THE LEGAL HEIRS of the deceased (which includes widows of other sons, grandsons/daughters where both the son & wife died) before the Bank enabling them to handover the Title Deed. Some of the legal heirs reside outside the state of W.Bengal and some in foreign countries. It would NOT be possible to present all the heirs for taking delivery of the Title Deed. Now my questions are : (a) whether Bank can deny parting with the Deed to one of the heirs (surviving son) even on production of Death Certificate. If yes, under what provision of law ? (b) whether Bank can ask for presence of all the legal heirs (irrespective of numbers) to be present for taking delivery of the Title Deed. If yes, under what provisions of law ? (c) If Bank is wrong in both the above points, whether case can be filed with the Consumer Court, for deficiency in service, by me - the only surviving son ?


Asked on 1/17/13, 7:43 am

3 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

18.01.2013

For the kind attention of all attorney councils on this forum :

Despite substantial action initiated by us to amicably resolve this matter with the concerned bank officials, further legal advice on this issue is retained by us for non-payment of our nominal legal fees by the person posing this query (name deliberately withheld).

Regards,

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Answered on 1/17/13, 11:12 pm
J. Radhakrishnan independent Practice

The bank cannot require the physical presence of all legal heirs. It can deliver the title deeds to one or more legal heirs with the notarised authorisation of the legal heirs.if inspire of authorisation the bank refuses to deliver the title deeds then complaint can be made to banking ombudsman and or to consumer forum.

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Answered on 1/20/13, 7:56 am


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