Legal Question in Legal Ethics in India

Bank has withhold the title deed of my late father on the plea that all the legal heirs must present themselves to get back the title deed. I am the only surviving son and the other legal heirs are widows of my late brothers, and my old sister. All the heirs reside outside the District/State of W.Bengal. It would NOT BE POSSIBLE to be present in the Bank for this purpose.

Can the Bank withhold the title deed without handing over the same to me ?


Asked on 12/23/12, 4:46 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.12.2012

Dear Sir,

The bank may be witholding the property title deed since the loan taken by your late father may be showing as outstanding in the bank's records. You need to confirm with the bank whether this is the case. If yes, please settle the outstanding dues with a letter to the bank stating that you are willing to indemnify other legal heirs and absolve the bank of its liability, should the other legal heirs subsequently raise a claim on the title deed.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 12/23/12, 6:03 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Mr Chavan

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Answered on 1/09/13, 1:03 am


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