Bank is playing safe 

as your father was co owner of flat bank is insisting on legal heir certificate to avoid legal complications 

your sister and mother can always claim share in property 

advisable to obtain legal heir certificate 

Your father's share in the jointly owned property shall devolve equally on all his legal heirs consisting you your mother and your siblings. 

You have full rights over the property only to half the extent of the property,  and you have a share out of your father's half share in the property. 

Therefore to ascertain that the property title document is handed over to all the legal heirs,  the bank insists on the legal heirship certificate. 

It is a legally valid requirement demanded by the bank which you are obliged to comply. 

There's no reason to agitate over this. 

You may procure the same from the local revenue department observing necessary formalities and produce it before the bank along with the letter signed by all legal heirs and try to retrieve the property title documents. 

1. Since your father was co applicant of the loan the Bank is right in insisting consent of his legal heirs as he is no more. 

2. Now since you have POA of your sister and mother you can represent them in Bank along with yourself. 

3. In the meantime get an affidavit done from Notary ot Magistrate about the details of legal heirs your father has left. 

It's a routine procedure you can challenge it and them whether its really required

The bank is only being cautious

Since your father is a co-owner of the flat, then upon his demise, the bank cannot release the document in favour of the other co-owner

It's a due diligence on the part of the bank which is a good practice

After your father's demise, his share in the flat would go to his legal heirs who are his widow and children

You can request the bank that your mom and sister are willing to give affidavits stating that they have no objection against release of the document to you, after issuing a public notice in local newspapers calling for objections against the release

If the bank is agreeable then fine

Otherwise as required you will have to apply for a legal heir certificate or letter of administration from court 

The bank is not bothered whether you repaid the entire loan. It only sees that there is a co owner who is no more and in his absence, it cannot release the original to the surviving co-owner

Your mom and sister can do the needful using the power of attorney given to them provided the necessary powers are there in the power of attorney 

1. Typically & Legally Bank is entitled to demand a "Succession Certificate" from the co-owner, to ensure that there is no legal dispute from other legal heirs of deceased person.  Getting a Succession Certificate from Court is time consuming and expensive.

2.  You may prefer to take a registered "Release Deed" executed with mutual signatures from "ALL" the residual Legal Heirs of deceased Father, in your favor, for Father's 50% share of property (irrespective of who financed for the property).  This will ensure that you become 100% absolute title-owner of property.

3.  For Release Deed, in Mumbai: Stamp Duty: 500/- and Registration: 200/-

4. By virtue of the Release Deed (give a notarized copy to Bank), you need not obtain Succession Certificate or any other legal documentations etc.... and the Bank becomes legally bound to honor the registered Release Deed.

A legal heir certificate means that who all would be tge heirs after him. Legally speaking your mother and siblings have a share in your father's share of property.

Therefore obtain their consent too and then you may transfer the whole property to yourself.

1) legal heir certificate cannot be made online 

2) your sister and mother can execute release deed 

3) however release deed has to be registered 

4) approach the bank whether instead of LHC you can submit registered release deed of mother and sister 

It doesn't take 30 days. Now legal heir certificate has to be taken from court in Mumbai. It takes time to get the said certificate upto 6 to 8 months just like Succession certificate. I can get it for you if required.For any assistance contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1. 

Sitting in London you can make an affidavit and get it notarized. 

That will do.

Heirship certificate cannot be applied online

A petition is required to be made to the court

Presently the court is taking up only urgent matters over video conferencing

There is no urgency in this matter

For the release deed, your mom and sister first needs to have a title under a registered document, for them to release the same to you. So that is not feasible

Did you inquire with the bank whether affidavit cum indemnity of the mom and sister with a public notice would suffice?

You can tell the bank that due to the lockdown it wont be possible to apply for heirship certificate 

You are co owner and righteous to collect original documents. Bank cannot act as court to demand legal heir certificate.

Release deed is waste of money. And bank still demand LHC. Either of three can apply for LHC and have to physically present where father had permanent address.

Mother/sister have POA, they can give self declaration through an affidavit that who are class I legal heirs of father and hand over the document to them.

Bank is seeking LR certificate to avoid future complications.

To be precise, your mother and sister can claim their right on the property, as such, the Bank to avoid complications seeking legal heirs details.

It is always advisable to obtain Legal Heir Certificate.

Yes best option is get the Release Deed from your mother and sister in your name.

It has to be registered and proper stamp duty has to be paid.

The above is less time consuming and fast, and that, the bank will not have any objection.

1. The Bank is right since as per law 50% share of the jointly held apartment is owned by your father on which al his legal heirs will have equal right.

2. The Bank will return the property documents only if all the legal heirs of the your father's said 50% share of  the apartment  executes a POA in your favour to take the property documents in your favour or all the legal heirs jointly collect the said property documents and hands over to you.

3.  Please keep in mind that all the legal heirs of your deceased father will have equal right on your father's 50% share of the said apartment.

4. So, you shall have to get a gift/settlement deed registered by the other legal heirs in your favour to enable you to be the sole title holder of the entire property.

5. If they deny to part with their  share of your father's share of the said property, you shall have to file a declaration suit praying for a declaration that the title of the said apartment  should be solely owned by you since you had paid the entire consideration for the said apartment and also a direction upon the Registrar to delete your father's name from the record as the joint Title holder of the said apartment.

1. Release/Gift/Settlement deed is required to be registered by your Mother and Sister (if they are the other legal heirs of your deceased father apart from you) to enable you to be te sole title holder of the said property.

2. For the time being your problem is to get  the property documents for which the Bank shall have to be informed as to who are the legal heirs of your deceased father.

3. After obtaining the legal heir certificate, all the legal heirs can appear before the Bank and jointly collect property documents after submitting copy of the said legal heir certificate. 

- Since, the said property was purchased by you and your father , hence your father was the joint owner of the property, which documents are mortgaged with the bank . 

- After the death of your father without leaving any WILL , his share in the said property would be devolved upon his legal heirs, and that is the reason the bank requirement for legal heir certificate a condition for releasing the documents of the property, and also due the reasons that any other legal heir of your father could not approach the bank for the said documents in future. 

- You are alive , but your share in the property is limited to half being the co-owner , and payment of entire loan amount does give authority to take papers back in the absence of any authorisation of the joint holder . 

- You can apply online , but a persons appearance is necessary which can be solved after giving SPA/POA. 

- Further, it takes generally takes 30 days, and following is the list of documents required for getting the Legal heir certificate :- 

• Signed application form
• Identity/Address proof of the applicant
• Death certificate of the deceased
• Date of Birth proof of all legal heirs
• A self-undertaking affidavit
• Address proof of the deceased

1. Yes bank have right to ask for legal heir certificate of deceased co-owner for release of documents just to be safe from any kind if fraud.

2. Legal heir certificate is to be obtained from the respective tehsil where your father was residing at time of his death and not from the place where the property is situated because records of your father will be available at place of his residence.

The POA deed was executed by you and not your deceased father.

Now the problem is with the share of your deceased father  and not on your share of property.

There is no provision to obtain legal heirship online,

no doubt you can send a request letter signed by all legal heirs by registered post to the concerned Revenue department.

Please remember that you can obtain legal heirship certificate form the jurisdictional Tehsildar's office within which your father lived more than a year prior to his death.

If he lived in Ratnagiri, then you can obtain it from that place itself.

For executing the registered release deed, they may have to visit the sub-registrar's office within whose jurisdiction the property situate.

Due to current pandemic crisis all such works have come to a virtual halt everywhere, hence your urgency will not find any answer. 

You may have to wait for some more time for the things to get cleared.

Legal Heir certificate can be obtained by approaching the area taluk tehsildar. 

your sister and mother can execute registered release deed. 

A release deed can be made by each of you and then it may be filed along with your claim through the power of attorney. 

1. You have to get legal heir certificate.

2. Since you are not in India you may execute a GPA in favour of any blood relative in India to authorise him to do all that is necessary for obtaining the certificate for and on your behalf.

3. Get the GPA attested before Indian Consulate.

4. Even on the basis of release deed the bank will not release the documents.