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
Now i am confused, as i am getting 2 different suggestions:
One which says that Gift Deed is illegal and Void. And the other suggestion which i have received is, Gift Deed is legal, and to fight the case in Consumer Court.
I need to know below points:
1. As the Gift Deed was initiated from Court, how can it be termed as Void ? Any court has to consider this. I have not done the gift deed on my own. This has been initiated as per court settlement.
2. Even if i assume that Gift deed has been termed as Void and Illegal, it will still have the relevance right ?
3. As i have already paid the settlement amount to wife, how will the issue be resolved, without again re-initiating the process ?
4. As SBI itself is not handing over the documents to me (without my wife's signature), Will they send the documents directly to IDBI (If IDBI sends letter to SBI). Reason being, i checked with IDBI, they have informed that they don't initiate this kind of request to other banks.
Asked 7 years ago