Legal Question in Banking Law in India

Re: banking

lets set things right-

- you have a CC a/c

- you mortgaged a property which was in your mother's name!

- your mother died

now - what did you do after your mother's death?

- did you intimate the bank?

- did you furnish them with the legal heir certificate?

- incase there is no death and legal heir certificate the bank would not accept the No Objection certificate from other legal heirs.

- incase the no objection certificate had been issued when your mother was alive - it has no validity. A women's property is hers absolutely until she dies without leaving a will.

what for the bank would attach the property? what is the status of the loan?

DETAILS PLEASE!

Re: banking

If your mother died in 2004, how could the Bank take her signature in 2006. Obviously the documents dated 2006 purported to have been signed by her are void. You and the other legal heirs send a reply that the document is forgery and the security cannot be proceeded with. If the Bank had not taken the consent of other heirs of your mother, they can certainly question the move of the Bank. Ask them to send a letter to Bank objecting to it proceeding as threatened. If still they proceed under Sec.13(4) file an application before the DRT to quash the proceedings. Consult a local lawyer well versed in these type of proceedings.

Re: banking

when ur mother gave the property on mortgage, if at that time the property belonged absolutely to her then dont think that now u will be able to create any problem to bank on the account of legal heirs.

securitisation has given ample powers to financial institutions. but nothing is hopeless in legal field. so contact good lawyer for good advice.

For further and detailed advice please contact personally alongwith documents. Consultation charges will apply.