Upgrad LLM

bank not giving property papers/noc


Dear All,

My father was Manager in Allahabad Bank, who expired. Bank has already closed housing loans taken by my father from his PF/Gratuity.  

I met Senior Manager of respective branch from where loan was taken and requested for property papers and NOC. He asked me to provide written request with signature of all family members.

I did the same and handed over letter requesting property papers along with NOC via registered post. I also asked him in written to pay me compensation for delay caused as per compensation policy of Allahabad Bank, as bank has failed to return property papers within 15 days.

Senior Manager has replied in written-on your last visit to our branch you have been advised to come along with your mother and other claimants to receive the documents. Despite of coming to our branch and collecting the documents, we have received a letter. Therefore you are requested to come in person along with other claimants to receive the documents as soon as possible.

Now the issue is why Senior Manager lied at first. Why he first asked for written request with signature of all family members. 

No one in my family will go to Bank for property papers. We want legal options to get back our papers.

I went bank before this incident 8-9 times and I realised that Senior Manager is playing foul. He lies and he never cooperate. 

I also made complaint of him to Ombudsman through RBI and General Manager Allahabad Bank through Public Grievance portal.

It’s better to go for legal option to get papers with dignity and respect, instead of going to bank and get harassed.

Please advice.

Regards                    

 

Varun Anand

 
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Practicing Advocate

Give a legal notice to the bank thru a lawyer for return of the property documents.


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Advocate

You have to file an injunction petition under section 39 of Specific Relief Act.  Courts are empowered to give mandatory injunction under this section.  Section 40 of Specific relief act makes you eligible to receive compensation for damages.  As you are saying the bank rules already provided for it, you may quote the same in your pleadings.


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advocate

I also made complaint of him to Ombudsman through RBI and General Manager Allahabad Bank through Public Grievance portal.

what was the response for the complaint you made to the above sentence without completing the process you issuing legal notice does not have fruitful reply 

first enquiry with the bank grievance cell if they give any letter in writing or oral saying demand them to give in writing and then also if it is not solved then follow legally with all the damages and also court expenditure also you can demand from the bank and one more thing before deducting PF/Gratuity the bank has to take permission from your mother that so and so loan amount is there and the bank is deducting the amount and remaiining will be paid to you with interest if delay is there 


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Chief Manager(Law)

If the mortgage is reedemed [loan account closed] then the legal heirs of deceased mortgagor are entitled to receive back the title deeds of the property under the provisions of section 60(a) of the Transfer of property Act. As it is your legal right, you can enforce your right thriough Court. You may also claim compensation for wrongful witholding of your property papers by the Bank.


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Reply   
 

Dear All, thanks for your valuable suggestion.

Dear Mahesh, both the complaints are under process (I made complaint to Banking ombudsman and Dept. of Financial Services (Banking Division) General Manger Allahabad Bank through public grievance on 25/06/2013)

For receiving PF/Gratuity, family of diceased employee has to submit booklet to bank - for release of terminal dues, where bank by default gets right to deduct PF/Gratuity to close outstanding dues.

 

After receiving reply for banking ombudsman, I will proceed further.

 
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