Sucession certicate

This query is : Resolved 
 

(Querist)
05 May 2016

we are residing in india . we have taken an overdraft facility from HDFC bank by creating mortgage of immovable property which is in the name of our Father. Our father Has expired. after death of of our father we have settled the Overdraft A/C . now we want to get received original Documents of that property.
We are four legal heirs and we have submitted Indennity Bond signed by all Legal heirs.
List Of legal heir are
1. Wife ( Family Pensioner)
2. Two Sons
3. Wife Of One late Son

please advice us who and how can we recieved original paper's of property kept in bank as a security.


P. Venu (Expert)
06 May 2016

This is a matter of procedure than of law. The Bank personnel are the best suited to offer a purposive suggestion.

Devajyoti Barman (Expert)
06 May 2016

The procedure differs from bank to bank.
Since it is related to immovable property without production of succession certificate the bank is unlikely to handover the papers.

Kumar Doab (Expert)
06 May 2016

Hope you have submitted everything under proper acknowledgment.

The bank need to reply on your representation.

Request to supply the reply by Redg. post.

sunilchoudhary (Querist)
06 May 2016

Bank on werble demand for secession certificate. Please sujest what we do as per law.

Kumar Doab (Expert)
06 May 2016

Then who asked for Indemnity and why was it submitted by you?


Submit everything under proper acknowledgment.

The bank need to reply on your representation.

Request to supply the reply by Redg. post.

Rajendra K Goyal (Expert)
06 May 2016

In such cases Bank can release the title deed as per procedure adopted in case of releasing the amount in deposit account. affidavit, indemnity and receipt may solve the purpose.

If Bank does not release, refer the matter to Head office of the Bank. Also can lodge complaint with the Banking ombudsman.


RAJU O.F., (Expert)
07 May 2016

As the legal heirs have closed the OD a/c after death of the borrower, the bank has to hand over the secured title documents to the legal heirs. All the legal heirs jointly submit a letter authorising one among them to receive the title documents. Production of certified copy of legal heirship certificate and the indemnity body are normally enough, for the bank.

sunilchoudhary (Querist)
07 May 2016

sir
what is the indian secssion act,section 372,for immovable property

Kumar Doab (Expert)
07 May 2016

You know the Act and Section. If you want to read, you can access thru internet.



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