Legal Question in Real Estate Law in India

My brother had taken a bank loan to which he claimed he had completed the loan payment .

Question here is he passed away last year suddenly & now my mom & sis-law are caught up in a mess of sorts 1.being where the documents of the property are? my sis-law claims she has no documents but does posses the NOC given from the bank for closure of loan. 2 she now claims the documents are lost .

what I would like to know does the bank keep copies of the documents with them & how does one get access to it .

my mod did go to the bank and ask for the same & they have not been able to provide her with any proper information besides the fact that there was a POA issued to my brothers mother-in law

As my sis-law is pushing my mum to aide & bet with her illegal ways to get the property sold and unless & until we get this information how can we be Sure in whose name the flat was/is in

I know we may have to get a lawyer to help us out but are blank about what steps one needs to take to get this information

kindly advise what should we do as we are not very well of actually can't afford paying lawyers fees, as the little that we have will end up paying fees.


Asked on 8/05/13, 5:23 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

06.08.2013

Dear Sir / Madam,

Your sister-in-law (bhabhi) has to produce a copy of the loan clearance letter (NOC) to the concerned bank to resolve the first issue. If your sister-in-law refuses to oblige, you should file an RTI application with the Branch Manager to retrieve a copy of the NOC issued to your brother, from their record. I already told you earlier that your brother's mother-in-law has no locus standi as regards your brother's property.

Regards,

Read more
Answered on 8/06/13, 7:40 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India