• After Divorce and Gift Deed, bank needs signature of both parties

Sequence of Events: (Before Divorce, property was on housing loan)
1. I have been divorced with my wife and as part of mutual consent Gift Deed was issued. 
2. Property was on both the parties name.
3. As part of divorce settlement, Wife had released her 50% property share by way of gift deed and an one time settlement amount was paid to Wife.
4. After few months of Divorce, I have transferred my housing loan from SBI to the IDBI, and cleared all the loan dues of SBI.
5. When i approached SBI to recover my property documents, SBI is insisting for signature of both the parties to collect the documents. As per them they have the old Documents and they are not accepting Gift deed and Divorce.
6. I have tried multiple times to contact my wife and her Father to come for signature so that i can recover my documents, but they are not co-operating and not willing for signature.

Need your inputs on below 2 questions:
1. What are the legal options with me so that i can ask my ex-wife to approach bank to sign the bank papers ? so that i can get my documents
2. What are the legal options with me to ask the bank to release the property documents? (Note: all the dues have been cleared, it is just a matter of collecting the property documents and hand it over to IDBI. As IDBI is my new housing loan bank)
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

1. If the property was under mortgage then your wife had to obtain the consent of the bank before making a release of her share in your favour.

2. Since the loan has been repaid in entirety you can file a civil suit for mandatory injunction against SBI to seek binding directions to the bank to release your documents.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. The demand of the SBI or signature of wife eve when she has relinquished her half share in the property is absolutely unfunded and without any legal basis.

2. Lodge a complaint with higher authority f the bank.

3. Even if that does not work then filing a case in consumer forum remains only option in which you will not get back the original deed but damages and comeo0sation arising out f this delay and harassment for sure.

4. While replying I consider the gift deed t o be a registered deed.If not then demand of bank is justifiable.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

issue legal notice to SBI to release original documents of flat

2) mention that as per gift deed executed by wife you are absolute owner of the proeprty

3) also rely upon copnsent decree passed in divorce petition

4) if bank refuses to release originals file complaint before consumer forum against bank for deficency in service and seek return of originals

5) you cn also issue legal notice to wife to sign the bank papers for release of original documents as X amount has been paid to her in full and final settlment

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. Mortgaged property can not be dealt with without the consent of the mortgagee Bank.

2. For the above reason, the said gift deed of 50% of he property registered by youtr wife was void at law hence illegal.

3. Bank will not recognise the said illegal gift deed of the mortgaged property during the pendency of the mortgage.

4. Since the said loan account has been transferred from SBI go IDBI, the property documents shall have to be sent by SBI directly to IDBI.

5. Ask IDBI to write to SBI for sending them all the documents/papers related to the said mortgage since IDBI has already taken the loan from SBI.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1) gift deed has been duly stamped and registered . It is not void

2) once gift deed is executed donor has no share in property

3) tile passes on donee

4) you can file complaint before consumer forum against bank for release of original documents

5) I presume consent of bank was obtained before gift deed was executed by wife in your favour

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. You have proposed the settlement before the Court which the Court has accepted and recorded. The said gift deed has not been registered as per any court order.

2. When the deed is illegal since mortgaged property can not be dealt with by the mortgagor without the written consent of the mortgagee bank, it has no relevance what soever.

3. You shall have to approach your wife for appending her signature while collecting the said copy of the title deed or give you POA to collect the same for ad on her behalf.

4. There are several such cases when one Bank takes over the loan account of a person lying with another bank and in that case the taking over bank remits the outstanding amount to the earlier bank and the said bank sends all the loan documents to the new bank.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. You can issue a notice to your ex-wife communicating her the details of requirement that are to be observed to release the property documents from bank by signing the loan discharge papers etc.You may ask her to fix a date for calling on the bank manager at his premises to enable you to complete the formalities jointly after which you can get the documents released without further hassle.

2. Whether you have discharged the entire loan or got it transferred to other bank, the formality to be observed by the lender bank while releasing the document is that both the borrowers are to sign the receipt of the documents without which they may not release the documents.

Hence without agitating the rules meant for it, try for alternate arrangement by somehow convincing your ex-wife to bring her to the bank and get the formality done within an hour and return.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

The gift deed was not initiated through court, it was an memorandum of understanding or settlement agreement between you and her hence do not drag the court into it. I the gift deed was by a registered document then it is certainly valid, but for releasing the documents from bank, the bank would need both the owners to sign the papers to receive the document becasue the status as per bank is joint owner.

The registered gift deed cannot be termed as void.

payment of settlement amount is part of agreement, if she violates it then you can term it as breach of agreement.

The SBI will not automatically transfer the documents to IDBI, the signature of your wife to release the document is mandatory.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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