• Property Inheritance

I bought a property recently.
The property was owned by Father and Son. The father died. All the legal heirs signed and registered the release deed confirming the transfer of ownership to son. Basis release deed the society issued certificate only in son's name. 
I approached bank for Loan however bank is rejecting the loan even though there is registered release deed. One bank wants me to issue public notice and other bank wants heirship certificate from competent court in favor of son.
What is the solution here? is there any format for such public notice?
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

1) once registered relinquishment deed is executed son would be absolute owner of property

 

2) no harm in issuing public notice inviting objections 

 

3) it should mention that All persons claiming an interest in the said property or any part thereof by way of sale, gift, lease, inheritance, exchange, mortgage, charge, lien, trust, possession, easement, attachment or otherwise howsoever are hereby required to make the same known to the undersigned at his office at ………………….. within 15 days from the date hereof, failing which the said sale will be completed, without any reference to such claim and the same, if any, shall be considered as waived.

Ajay Sethi
Advocate, Mumbai
100040 Answers
8167 Consultations

Each bank has its own set of procedure of sanctioning loan. 

You need to comply with their requirements.

No format for public notice. All relevant facts to be  disclosed with a specific date by which any person having any lawful claim in OR over the property should apply to the person mentioned in the notice.  

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Both banks are employed with idiots. Dose not require any public notice and LHC, as it must be mention in release deed, who are heirs of father and released their share in son to make him sole owner.

Max. you can do, apply to tehsildaar (collector office), he will issue legal heir certificate in 2 3 days. No role of court.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Go for the bank which is asking for the public notice

obtaining letter of administration/legal heirship certificate is an expensive and lengthy procedure

open the newspapers Free Press Journal. It is filled with such public notices. Pick up a suitable format from there. 

If you want in Marathi, then refer to newspaper named Lokmat

Yusuf Rampurawala
Advocate, Mumbai
7930 Answers
79 Consultations

Sale deed read with release deed along with previous chain of title, if any, can be equitably mortgage with the bank.  No heirship certificate required.

Legal counsel of the bank are misguiding. Take the opinion of other advocate sitting in the office of concerned Sub Registrar.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

You can engage advocate to draft public notice and give same in 2 newspapers. There is no requirement of legal heir certificate when relinquishment and mutation is done.

You can google notice you will find plenty of options.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

contact local property lawyer and issue a public notice in Two regional news paper. 

legal heir certificate not required. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

No it's  easy task. You can give public notice in newspaper. 

Prashant Nayak
Advocate, Mumbai
34710 Answers
250 Consultations

This is my response to you:

1. A heirship certificate will not resolve your problem;

2. You will have to obtain letters of administration;

3. Or you can approach another bank for availing the loan;

4. In the alternative you can give your bank an indemnity bond;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

In this case the only solution is to give public Notice in two local news paper inviting any objection regarding release deed. 

Legal heirs certificate is not required if the mutation of property is completed.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can contact an advocate in the local who will draft the public notice to you on his terms.

You can obtain the legal heirship certificate from the local revenue department itself, you need not go to court for this purpose.

 

T Kalaiselvan
Advocate, Vellore
90243 Answers
2508 Consultations

  1. As per the information mentioned in the present query, makes it clear that there has been release deed registered in favour of son, but the property has not transfer on the name of the son as if this would have been the case then there must be succession certificate from court and registry on his name.
  2. He should approach the court of civil law and get the succession certificate including all other legal heirs only then their release deed would considered to be a valid deed.
  3. You have already bought a property so not there is no use of public notice and in fact, you need to worry about loan thing as no body can come to you and ask you to vacate the property as you have bought it legally.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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