Legal Question in Banking Law in India

My husband had taken a gold loan on my streedhan. Now he has expired. I have paid the loan amopunt and interest in full. The bank refuses to hand me the gold saying that i need to produce a legal heir certificate. Why should I produce the leagl heir certificate when the gold rightfully belongs to me as it is my streedhan. How to handle this situation and release my gold. Kindly help me. My husband has died intestate.


Asked on 11/30/10, 10:22 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the gold that he has pledged is yours as it is your streedhan and personal property of yours. you may file a suit against the bank directing them to return the gold as it belongs to you and no succession certificate needs tobe obtained.

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Answered on 11/30/10, 10:27 pm
Chandrawat, Call- +91-8109444689 Litigation Expert & Legal Advisor ([email protected])

If this loan might have taken by you, you were not supposed to submit any supporting document on maturity of loan whereas the loan is obtained in the name of your husband and on full payment of loan amount your husband is only supposed to receive gold. Being a wife you are require to provide atleast a legal proof for safe banking transaction and for their records keeping for future concerns (if any). You can give any of the proof showing legal heir relationship.

After submission of proof if they deny to provide gold to you then you can file a suit.

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Answered on 12/01/10, 3:28 am


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