Sanjeev Singh   27 July 2024 at 14:31

Misbehavior and document handover by bank

I had a home loan account with a top-up at 9.4% and 11.6% respectively with UCO Bank. The rate of interest was much higher than normal, so I applied for a loan with Canara Bank, which took over the loan at 8.3%. During the whole process, I didn't inform my previous bank because I had all the documents with me except the List of Documents (LoD). I received the LoD with a letter in one day stating it was for my personal use. Once the loan was disbursed, all the outstanding amounts were paid to the loan account. I approached UCO Bank and explained the full and final settlement. The branch manager behaved very rudely with me, said some unethical words, and told me that if he had known this earlier, he would not have provided the LoD in one day but would have taken 10-15 days. When I asked about the deed and all, he said I was not required and that I could authorize someone or they could give it to the co-applicant. He rejected my application for a No Due Certificate and the deed. I took a letter from Canara Bank where their manager stated to please hand over the documents to the Canara Bank official as they have taken over the loan. The UCO Bank manager didn't accept that and threw the letter. After all this incident, I raised a complaint to UCO Bank's head office via mail and stated about the misbehavior and not providing me with the NOC, deed, and all. I also wrote to close my account and hand over my documents to a Canara official or my father because I would not be available to collect them. The next day they called my father, whom they know, and closed my account but did not hand over the No Due Certificate. For the deed, they started telling that they would hand it only to the owner. When discussed about the authorization letter, they said they would check and inform. It's been a week and I have not received my documents from the bank. I was on leave for three weeks during which I did the loan transfer. Now I am not in my hometown. I am in Chennai and they are not telling anything nor accepting any letter. What should I do? Canara Bank sent an email and letter to UCO Bank about the documents and they are not receiving or replying to it.

Anonymous   27 July 2024 at 14:01

Misbehavior, no service provided, document handover

I had a home loan account with a top-up at 9.4% and 11.6% respectively with UCO Bank. The rate of interest was much higher than normal, so I applied for a loan with Canara Bank, which took over the loan at 8.3%. During the whole process, I didn't inform my previous bank because I had all the documents with me except the List of Documents (LoD). I received the LoD with a letter in one day stating it was for my personal use. Once the loan was disbursed, all the outstanding amounts were paid to the loan account. I approached UCO Bank and explained the full and final settlement. The branch manager behaved very rudely with me, said some unethical words, and told me that if he had known this earlier, he would not have provided the LoD in one day but would have taken 10-15 days. When I asked about the deed and all, he said I was not required and that I could authorize someone or they could give it to the co-applicant. He rejected my application for a No Due Certificate and the deed. I took a letter from Canara Bank where their manager stated to please hand over the documents to the Canara Bank official as they have taken over the loan. The UCO Bank manager didn't accept that and threw the letter. After all this incident, I raised a complaint to UCO Bank's head office via mail and stated about the misbehavior and not providing me with the NOC, deed, and all. I also wrote to close my account and hand over my documents to a Canara official or my father because I would not be available to collect them. The next day they called my father, whom they know, and closed my account but did not hand over the No Due Certificate. For the deed, they started telling that they would hand it only to the owner. When discussed about the authorization letter, they said they would check and inform. It's been a week and I have not received my documents from the bank. I was on leave for three weeks during which I did the loan transfer. Now I am not in my hometown. I am in Chennai and they are not telling anything nor accepting any letter. What should I do? Canara Bank sent an email and letter to UCO Bank about the documents and they are not receiving or replying to it.

T. Kalaiselvan, Advocate   27 July 2024 at 12:47
In Reply To :

Suit for partition

If it was your father's share in that property then he it becomes his self acquired property, therefore the partition deed executed between him and his two sons is very much legally valid and any challenge to this may not be tenable.

T. Kalaiselvan, Advocate   27 July 2024 at 12:45
In Reply To :

Religious endowment and share of pujari in temple offerings

The puja rights to a family has devolved by generations and if there is a dispute among the subsequent generation heirs hen the court will decide about it.
If you are aggrieved by this decision then you can file a writ petition seeking redressal of your grievances and look for remedy and relief.

T. Kalaiselvan, Advocate   27 July 2024 at 12:42
In Reply To :

Title deed not received from bank

If the bank rules do not entertain the authorisation procedure you cannot insist your own rules in this regard.
If you are very urgently looking for getting the title documents then you may have to set aside all other routine works and attend to this job on priority basis.
Your explanations may convince you but the bank may not compromise their rules on your urgency.

T. Kalaiselvan, Advocate   27 July 2024 at 12:40
In Reply To :

Uniform commercial code

You may choose a lawyer from this website who hails from Mumbai or visit any advocate bar association in Mumbai and look for one of your choice.

Vikas Kumar Singh   27 July 2024 at 12:25
In Reply To :

Title deed not received from bank

Thank you for the information. However I have provided authorisation letter to my father to collect any document on behalf of me. As well he is the co applicant and gurantor in the Loan Account.

Anonymous   27 July 2024 at 11:17

Suit for partition

A Hindu family (Father and 3 sons), holds about 12 acres of inherited agriculture land. Since elder son "S1" left away from the family in a dispute, the father and other 2 sons Partition the properties into 3 shares and took each one. They completely excluded son "S1" in the registered partition deed. The son "S1" died 6 months after the execution of the partition deed. Now the wife of the died son "S1" was about to file a partition suit,

1. Whether the Registered Partition deed is a Void document or Voidable document?
2. Whether the son "S1" s Wife needs to pray, to declare the Partition deed "Null and Void"? Or mere partition suit without such prayer is maintanable?
3. What is the Limitation to file the suit?
Thanking You

Amit   27 July 2024 at 11:01
In Reply To :

Uniform commercial code

Can you please recommend a lawyer in Mumbai

Anonymous   27 July 2024 at 01:36

Religious endowment and share of pujari in temple offerings

My grandfather was mohtamim of a temple in 1972. After his death my father was appointed as a mohtamim by DC Kangra in 1983. Accordingly, my father managed the temple affairs and performed puja exclusively till 1997.
In 1997, HP Govt. takeover the control of the temple and formed a committee under the chairmanship of SDM to manage the temple.
Being an exclusive pujari and mohtamim of the temple, the Committe assigned 12 months puja and 20% share in the offerings of the temple to my father.
In 2013, SDM made an adverse decision and divided puja and share among 4 brothers of my father stating it the matter of inheritance.
Whereas my grandfather has made a will and bequeathed puja rights exclusively in favour of my father.

1. Whether puja right is a matter of inheritance?
2. Share in offerings which started first time in 1997 is partible among 4 brothers of my father ? whereas my father has performed puja exclusively since 1983 to 2013.

Please advise me

T. Kalaiselvan, Advocate   27 July 2024 at 00:29
In Reply To :

Ejectment of my younger brother from my property

This is called as permissive possession.
Permissive possession does not amount to dispossession : A true owner is neither dispossessed nor does he discontinued his possession, if a third person takes possession with his permission.
You can very well initiate civil suit against him to eject him from the property by filing a suit for ejectment and also for permanent injunction to restrain him from interfering in your possession and enjoyment of this property.
You can also demand him to pay rent till such time he vacates or he staying in that property

T. Kalaiselvan, Advocate   27 July 2024 at 00:25
In Reply To :

Floor number mentioned wrongly but flat no. is correct

The particulars of the schedule of property do not tally with other documents to that of the registered sale deed, therefore it will be considered as a major error and defective title.
You may approach an experienced lawyer in the local and obtain a legal opinion if you are very keen to buy this property and proceed only if recommended

T. Kalaiselvan, Advocate   27 July 2024 at 00:22
In Reply To :

Selling of property once sold by cooperative society

If the cooperative society is not existing anymore then you may appraoch the registrar of cooperative societies to obtain NOC otherwise you may have to give an indemnity bond indemnifying the loss or any litigation in future in this regard

T. Kalaiselvan, Advocate   27 July 2024 at 00:20
In Reply To :

Partiality

If the police is registering the FIR then you may obtain an AB and challenge the false case in the trial proceedings accordingly, but that should not discourage you from discontinuing your efforts through labor court in this regard.

T. Kalaiselvan, Advocate   27 July 2024 at 00:18
In Reply To :

Title deed not received from bank

You cannot sit at a remote place and have your documents returned to your address.
You are required to sign the papers in person in order to get back your title documents, besides you need to get the discharge certificate or NDC registered through bank before the concerned registrar office.
Hence you are required to follow the law as envisaged for this purpose