• Release of title deeds (property documents)

Greetings to Team Kaanoon,

We have a property which is divided between myself & my mother and my cousin sister. This division was done by my grandmother, she is no more. The property is separated by a common wall. We intend to sell our end of the property but due to restrictions placed on us by my grandmother's will we can only sell it to my cousin living in the other portion. 

Me and my mother are joint owners of our portion of the property. Our portion of the property has been mortgaged to a bank for the purpose of an Over draft facility for our business. Now I have no desire to sell the property to my cousin as she is offering a very low rate, but my mother is interested in selling it to her. But from a reliable source I got the information that one of these days my mother and cousin would be going to the bank without informing me and closing the loan with a DD and releasing the property documents which my cousin will take into her possession

So is it possible for the bank to release the documents without my signature, even though i am the joint owner?
Asked 2 years ago in Property Law from Bangalore, Karnataka
1) you can send a letter to bank by Regd Post AD not to hand over original property documents to your cousin as you are the joint owner of property . 

2)bank cannot hand over property papers of your portion to your cousin without your consent
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
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bank cannot hand over property papers of your portion to your cousin without your consent
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
If this is your apprehension then forthwith meet a lawyer and issue through him a lawyer's notice to bank to not to issue the original documents to your cousin without your express consent in view of the fact that you are the joint owner.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
As suggested by my learned colleague Mr.Ajay Sethi send a letter to the Bank, by Regd.POst Ack.Due, not to hand over the Property papers to your Cousin as you are the joint owner of property. When once the Bank officials get your letter they will not hand over original property documents to your cousin, without
Shashidhar S. Sastry
Advocate, Bangalore
1239 Answers
59 Consultations
5.0 on 5.0
As suggested by my learned colleague Mr.Ajay Sethi send a letter to the Bank, by Regd.Post Ack.Due, not to hand over the Property papers to your Cousin, as you are the joint owner of property.  When once the Bank officials get your letter they will not hand over original property documents to your cousin without your consent.
Shashidhar S. Sastry
Advocate, Bangalore
1239 Answers
59 Consultations
5.0 on 5.0
why dont you contact MR Sastry  Advocate from this site .   he is practicing in bangalore . if you are so apprehensive that letter delivered by you on plain paper would be ignored send legal notice to bank through lawyer
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
A lawyer's notice will be taken seriously, a letter by you will not be. Since Mr.Sastry is from Bangalore you may contact him.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
no it is not possible . you are joint owner of property . once you issue notice bank will not part with original documents without your consent .
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
It is not impossible. Issue a lawyer's notice to bank so that it does not deliver the documents without your consent.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Thanks for appreciation.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Thanks for suggesting my name by my learned colleagues for issue of notice to the Bank.  You may contact me for necessary action please.
Shashidhar S. Sastry
Advocate, Bangalore
1239 Answers
59 Consultations
5.0 on 5.0

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