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
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 10 years ago in Property Law
14 Answers
bank cannot hand over property papers of your portion to your cousin without your consent
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.
Thank you all for your answers....... I have already given a letter to the bank asking them not to release the title deeds unless I am present. But this was on plain paper. But is it necessary to send a lawyer's notice. Is there any way my cousin can convince the bank to hand over the documents in my absence by taking some lawyer's letter?
Asked 10 years ago
my pleasure
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
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.
But should this letter be on plain paper or a lawyer's notice?
Asked 10 years ago
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
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.
One final question, is it possible for my cousin to take a lawyer's notice and get the documents released along with the help of my mother.
Asked 10 years ago
Thanks all, for your time and effort in answering my queries. You people are doing a wonderful service.
Asked 10 years ago
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 .
thanks for your appreciation
pleasure
It is not impossible. Issue a lawyer's notice to bank so that it does not deliver the documents without your consent.
Thanks for appreciation.
Thanks for suggesting my name by my learned colleagues for issue of notice to the Bank. You may contact me for necessary action please.