N K (Developer) 05 June 2012

Bank asking for noc

Hi,

After death of my husband, i didnt recieve the insurance of our joint home loan. The property is joint in the name of me and my husband. More than 75% loans needs to be repaid. Banking is asking me to repay the whole loan as I am the widow and joint borrower. But they said, they will require NOC from my mother-in-law, when returning the original document. I requested my mother-in-law to provide the NOC, i will pay her 25% of the money we already paid for the property. She doesnt care and happy that I will in trouble.

My in-laws are very rich and have many properties and this is the only house I have. Can you please let me know how can I solve this matter?

1. How can I make my mom-in-law to provide NOC?

2. How can I get succession certificate to get the original document from bank. I am sure, my in-laws will not leave any gap to create problem for me.

3. Is there any way to take it up with Bank? Bank can pay thier money to them(i will pay to bank) and give me the doc.

4. In worst case, I will file 498a against them as they harassed me a lot. I didnt do it till now as i dont want to create trouble for me. But are continously troubling me.

Your answer on these points will be appriciated.

Thanks

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3 Replies

V. VASUDEVAN (LEGAL COUNSEL) 05 June 2012

The Bank has no right ask for any NOC from the Legal Heirs and duty bound to return the original documents, as is where is condition. The bank cannot sit on succession. Succession is an independant issue and if the property in the joint name of your husband and yourselve it shall devolve in your name automatically. Even otherwise, this aspect is not to be determined by the bank and when you go for mutation (deletion of the joint name of your deceased husband, the registrar may ask relevant documents.

Vasudevan

N K (Developer) 06 June 2012

Thanks Vasudevan.

How can I make the bank to hand over the document to me? The property Khata/tax reciepts are already in my name. I visited sub-register office, they dont have any issue as I am the joint owner paying whole loan and the legal heir too.

The problem is with bank. should I file a case against bank to return the original doc?

(Guest)

You can send a legal notice to the Bank first, stating in it all the facts pertaining to your and clearly mentioning all the harassment the Bank is causing you. You can give this Bank about a months time to sort out the matter with you, failing which you can take a legal recourse.