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srikanth (partner)     13 July 2012

Non-return of documents from bank

We had a property in the name of my grandfather which was mortgaged  by my father through our firm to the bank. My grandfather has three sons and two daughters. My father is the middle one and his younger brother also a partner in the firm. The document was mortgaged after the death of my grandfather to the bank as my father and his younger brother as lenders and others elder son(my fathers elder brother) and other two sisters as gaurantors. In the mean time my father and his elder brother and his one of his elder sister were dead. We cleared our debt and asked the bank employees to surrender our documents. Field officer of the bank checked our document and said the deed was in the name of my grandfather, since he was also dead fieldofficer  asked to  commence every legal heir of my grandfather and get signed up to release the document. He asked me to submit:

1) kyc of all the heirs

2) incase if the person was dead, death certificate of the deceased and family membership certificate issued by the tahsildar.

3)and the kyc of the legal heirs

The problem is:-

 The elder sister of my father has no children, she and her husband was dead. I got the death certificate of both but couldnt get the family membership certificate of them. When i asked in tahsildars office for the family membership certificate, they are saying that they couldnt issue as none. family member certificate will be given to family members only. But my fieldofficer is saying that i should submit their family member certificate as nill, they want the proof that they didnt have any succesors through tahsildar. My document was blocked with the bank. 

 

Please guide me how to get my document released. I had all the certificates of my remaining members. All are willing to signup the papers required for the bank.



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 2 Replies

Anish Thakur 7018812737 (advocate)     14 July 2012

dear srikanth,

in this matter tehsildaar has no power to issue this ceritificate as in this case the theory of relation back is applied .

as your fathers sister had no class 1 heir that mean had no children then the property and share she had agained from his birth parents will go back to the ancessotral line of her real parents that is her share coming from ancessotral property of her parents will distribute equally among your father and other sisters .

tehslidaar had no power to make declaration regarding such concern so you have to file a suit in the civil court for this.

feel free to call on 9459321520

1 Like

srikanth (partner)     14 July 2012

Dear Sir,

               Thank you for your kind reply, filing suit in the court may takes very long time to get verdict. I had the ration card of my fathers elder sister showing only husband and wife as the family which was true. why is he not  taking it as a proof? this is very ridiculous, this shows the system in india!! if i go through court it takes very long time, the problem is the other legal heirs of my grandfather are aged and some are ill. How can the bank keep my documents after clearing the loan, it should handover them to lenders who applied for the loan since they submitted first. My fathers elder sister was only guarantor, not a lender. the tahsildars and muncipal office employees  are making money with the issues like this. 

please find me another way so that i can get the document as earlier as possible. can i file a complaint in  banking ombudsman.


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