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shabeer   26 March 2015

My father passed away he has a sbi home loan

Dear Sirs

 

Me and my father has taken a home loan from SBI ( 10 Lakhs) , unfortunately my father passed away last year , now I settled all the loan amount but the bank is not ready to give us the document of my land since my father expired. They need legal hire certificate , but when I approach the village office they said it will take 6 months , is there any other options? this land is a join property ( my father and mother , and my mother is still alive ). is this document is necessary ? and can i get the document through court?  

Kindly advice 

Shabeer 

Thrissur

 

 



 12 Replies

saravanan s (legal advisor)     26 March 2015

as an alternate to legal heir certificate you can apply for sucession certificate from magistrate or high court

1 Like

N.K.Assumi (Advocate)     26 March 2015

What is the reasons of 6 months waiting? Approach District Magistrate  and obtain Succession certificate.

1 Like

(Guest)

sorry for the loss..
yes..thats the procedure... you need to have legal heir certificate going forward for everything even if it to close any of the accounts undr your dad' name.succession certificate is a alternative too.
as far as getting it from village office,  it shouldnt take 6months but it is quite a lengthy process.try to get it as soon as possible.the more delay would invite more paperwork.
also, file a RTI with both SBI and Village officer to get the exact procedure in writing so that they dont do any dilly dallying in future on the procedure.

1 Like

Sudhir Kumar, Advocate (Advocate)     26 March 2015

RTI to SBI on a procedure prevelent in other office,  will be waste of stationary.

1 Like

Anil Agrawal (CEO)     26 March 2015

Your mother has 50% share in that property.

Anil Agrawal (CEO)     26 March 2015

To clarify further- In addition to her own share, your mother will have 50% share in the remaining portion. You having cleared the loan- will not entitle you of any additional share.

Dalip Singh (Advocate)     27 March 2015

Mr. Shabeer,

You and your father had taken a loan from SBI.   After the death of your father, you paid the entire loan.   After the death of your father, you and your mother are the owner of the property mortgaged with the bank and you both can make request for return of title deed.  In case, SBI is not returning the title deed.  Take the following steps and you will get your title deed with compensation and litigation charges.

1. Send a joint request letter duly signed by you and your mother for return of title deed by speed post/registered post.

2. After 15 days send a legal notice through your local advocate.

3. Thereafter, file a complaint in district consumer forum through your advocate claiming compensation and litigation charges.

No need for succession certificate and legal heir certificate.  If need be, the bank can take indemnity bond and an affidavit from you and your brother.   Go ahead.  You win.

1 Like

Sudhir Kumar, Advocate (Advocate)     27 March 2015

does not matter who are the co owners and does not matter if they are co-borrowers also.  ode snot matter who paid the loan.

 

matter of fact is that :-

 

(i) you father is one of the propreitor.

(ii) he died before redemption of loan.

(iii) surviving member(s0 is(are) not sole owner(s).

 

So succession certificate is absolutely essential for release of documents.

 

It is you choice how much time you want to waste to find alternatives.

 

1 Like

shabeer   27 March 2015

Thanks sirs,

So as a extract of your advice I understand that instead of legal higher certificate I can submit  succession certificate to the bank. 

Could you please advice me the court fees for the same?? I don't mind paying money still I am just asking. Anyway I will do this ASAP.

Thanks again for your valuable advice :) 

Thanks and regards

Shabeer

 

 

 


(Guest)

as i had mentioned earlier, go with the RTI method..and i dont agree if someone tells here that  it is waste of stationary ...as it is much better tool and quicker way to get this going within the next 30 days instead of going through any litigation or consumer forum process..but i would stil support the  fact that you alteast need a legal heir certificate..

Sudhir Kumar, Advocate (Advocate)     28 March 2015

Originally posted by : member12345

as i had mentioned earlier, go with the RTI method..and i dont agree if someone tells here that  it is waste of stationary ...as it is much better tool and quicker way to get this going within the next 30 days instead of going through any litigation or consumer forum process..but i would stil support the  fact that you alteast need a legal heir certificate..

There is nothing which SBI knows and he does not know.  Giver facts indicate that he has got all information on loan across the table and also he has no dispute on the loan due and interest.  There is no information wanting to be taken from SBI which he does not have.

 

RTI is not at all a greivance redressal mechanism.  It has a highly limited scope of only getting information.

all that he wansts to know is the procedure for obtaining succession certificate.  In this regard:-

 

(i) this information is not available in SBI so they cannot be compelled under RTI act to advise on the same.

(ii) this information is avilable in SDM office and can be inquired by just walking in.

 

Those information which can be had from normal inquiry, if put to RTI gives a license to the authority

(i) not to reply for 30 days

(ii) After thirty days give a nonsence reply.

(iii) reject the appeal within 30 days of receipt and make the applicant to run for months to CIC/SIC.

 

RTI is certainly  a waste of stationary in this case.

 

All that he needs is a legal heir certificate (also called succession certificate) which he may be needing at man other places as well..  This is a routine matter for local lawyers and a very senior or highly competent lawyer is not needed for this.

 

His deceased father is one of the joint proprietor of the property. None on earth can compel SBI to hand over the document without this certificate (unless some facts are not disclosed)


(Guest)

agreed with sudhir sir.


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