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vivek bhagat   01 May 2021

release deed by wife and in case husband is absconded who was owner

i have query that property is mortgaged by husband as he is owner of property in 2008. after one year in 2009 he absconded due to financial loss after that wife paid money to bank in settlement as there is no death certificate of husband as due to not applied to court for death certi till yet. wife wants to do release deed how bank will give release deed to wife as person is missing who was mortgager.


 7 Replies

Sankaranarayanan (Advocate)     01 May 2021

Why the wife is not interested to find her husband 's where about?  state the facts clearly 

vivek bhagat   01 May 2021

wife tried best but husband not traceable

kavksatyanarayana (subregistrar/supdt.(retired))     01 May 2021

Wife how did try?  She must lodge a complaint in the Police Station concerned.  Now 10 years period is over.  So she shall obtain a court order in the matter.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     02 May 2021

Bank has to treat the matter as a claim for release of the documents as if the person is dead. However, there is no proof of death. If a person is not heard by the persons who normally hear from him/her for seven years, such person is presumed dead.  Suitable application is to be filed before the Court raising the issue of presumption of death and obtain appropriate proceeds before the Court. Bank to release the documents on receipt of such proceedings duly following their internal rules relating to Claim Settlement and release of any securities including title to deed. Even after such a deed, Bank cannot release the deed to the Wife alone and they need to release it to the Legal Heirs including the Wife duly following the laid down procedure of the Bank.




It is not correct for the Bank to release the documents to the Wife under the present circumstances. Suppose the documents are released to the Wife by the Bank out of ignorance, pressure, or some other reason, what she can do with them? She cannot sell in the absence of a death certificate and in the absence of proof of death of the owner, the property shall not be passed on to the eligible legal heir/s. Even then the family members not necessarily Wife alone, should all approach the Court and obtain Appro Order from the Court relating to the Presumption of the Death of the Owner and later file a claim before the court duly signed by all the legal heirs.



munaga rao   02 May 2021

Yes, 7 years,>> yes, other legal heirs etc ., due process of Banking laws will be applied before releasing of mortgaged property documents which is simple mortgage.

M N Rao, Advocate 


Dr J C Vashista (Advocate)     02 May 2021

She has to get her husband declared  presumed dead under section 108 of Indian Evidence Act 

T. Kalaiselvan, Advocate (Advocate)     02 May 2021

The bank cannot release the document to the third person.

The legal heirs of the missing borrower have to produce the authentic document to establish that the borrower is missing or declared civil dead by court of law and obtain a legal heirship certificate from the concerned revenue department after which all the legal heirs have to apply for the release of the title documents jointly.

The bank cannot be expected to deviate from the procedures of law involved in this matter.


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