I have taken home loan from aspire home finance and I have settled it by paying one time settlement amount .for this bank issued me settlement letter . Original documents of property is towards the bank And bank person have told me to collect property original documents.from the bank But in the bank document myself is applicant and my wife is coapplicant But at that time of loan sanctions my wife's detail wrongly entered by bank person and builder in bank document . Ex . adhar detail , sign , name , photo ( may be) At the time of registration and agreement only i was present. My wife was not present . Now I want property documents back from bank. Bank person told me either I have to come up with my wife or I have to take power of attorney from wife to collect property original documents from the bank. Now what to do ..... please guide me....
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1. If your wife is also co applicant for the loan then in the sale agreement her name must be there.
2. If her name is not there in the sale agreement then to take back the papers presence of your wife is not necessary.
3. However to avoid the deadlock there is no harm to take your wife along and make her sign along with yoou.
See you and your wife has to furnish information if wrong information is furnished since loan is closed bank shall release the paper though it is punishable offence giving such wrong information. You can make a power of attorney in name of your wife as mentioned in the document and by that get same release or file a complaint of bank employee entering the wrong details and then you can take the documents.
Bring her and settle the matter. You are also the owner and hence you also can take the original papers.
Since your wife is also a joint owner of the property that has been mortgaged for home loan with the bank, you may either have to take your wife to retrieve the documents or obtain an authorisation letter in the form of a POA deed, otherwise the bank would not return the title documents to you alone.
You can take authority letter or POA from wife. If she is not giving you need to approach Court for the same
1. Since the Home Loan is settled, you & wife, together must go and collect the original documents from Bank, by producing the original identification documents to the Bank authorities. IF bank creates problems then submit an Notarized "Irrevocable Indemnity Bond" (stamp 500/-) that you & wife would indemnity's Bank for any legal disputes, losses, claims etc.... if any for handing over the original documents.
Your wife should execute POA to enable you to collect the original documents
POA should be duly notarised
pls explicates the meaning of wrong details.
how can the details like adhar/photo be wrongly entered?
1. if there is any discrepancy in the name you can provide an affidavit that both the names belong to same person
2. if there is any discrepancy in the aadhar number enetered it can be presumed as typo error and an affidavit will rescue you,
If the property is on joint name then you have to proceed to take the original documents along with your wife that will be faster than taking POA etc.
1.Bank is right in asking both of you to come together or seek GPA from your wife.
2. Since your wife's details are entered incorrectly the bank will take an affidavit from her and deliver the documents.
Do you have dispute with your wife ?
Get authority letter from her, no need of POA.
You obtain POA form your wife and submit it to bank based on which you can collect the originals from bank.
She should execute POA in your favour to collect property documents.
1. Yes you have to take your wife with you to take property documents as your wife was co applicant in the loan.
2. Your wife can give affidavit that details given at time of loan disbursement was mentioned wrong by builder.
