Since your wife is co owner of property bank needs her consent to release property documents to you 

2) you can file declaratory suit that you are absolute owner of property as full consideration was paid by you 

3) enclose copy of bank statements to price full consideration was paid by you 

You need to take court order for the same. 

She is the joint owner of the property.

Hence she has an equal share in the property.

The bank is right in its directions/instructions/rules directing you to bring her to the bank to put her signature in the loan discharge form in order to enable the bank to release the  property documents deposited with them for the purpose of home loan.

You cannot remove her from the property records without her consent.

She may have to transfer her share in the property in your favor in the manner known to law unless you cannot become an absolute owner of the entire property.

The bank will not be concerned with the divorce because that is your personal affair which is nothing to do with a totally different subject namely home loan.

You may have to convince her sign the papers in bank by visiting the bank once and also either to relinquish her rights in your favor or to purchase your share in the property as per the terms of the mutually agreement between you.

Failing which you can take legal steps by first issuing a legal notice to her instructing her to cooperate with you to retrieve the property documents from bank as the home loan has been fully repaid. 

A Canadian Family Court passed decree of divorce between you and your wife. Much depends on how the decree is passed. If it is  contested decree and reached finality that is, appeal period is over it is  valid decree in India. You need to complete following formalities…

1. Issue a notice to wife seeking her consent for release of property in to you.
2. Issue notice to bank enclosing proof of notice to bank and copy of decree of divorce seeking release of property within certain period warning legal action on failure to do so.
3. After that file suit seeking mandatory injunction against bank for release of property in your favour. Court will direct the bank to release the property in you favour.

Dear Client,

              In such a case, you may register release deed in sub registrar office then her right from property shall be released.Stamp duty shall be payable on the consideration value of release deed. There seems to be no legal provision as to getting name off your ex-wife from the property without her consent but there are many ways to obtain the same if you could convince her to co-operate.

Thanks & Regards

In my opinion, you should file a suit for declaration against your wife and obtain exparte decree through local advocate and also include bank as party and file a suit for mandatory injunction to release the title documents in your favor. Suit for declaration and mandatory injunction can be a single suit.

As you and your wife are the joint owners of the property mortgaged to the bank, the bank will release the documents to both of you jointly. Your ex-wife may authorize you to receive the documents from the bank by means of a specific PoA.

Hi, Bank can't insist your wife presence for release of the documents. It nothing to with them. You can write a letter and request the Bank to release the documents. If they not release the documents then you can move Banking ombudsman or Civil Court.

You need gift or relinquishment deed from your wife 

2) mere affidavit by wife is not sufficient 

3) there are no short cuts .file declaratory suit in district court 

1. No, this will not be considered as a valid document by the registrar to transfer the entire property to your name.

2. No such applications would be entertained by high court without exhausting the remedies avail;able in the lower court

Yes you can the above at the earliest

Dear Client,

                When a property is transferred to another in the form of a Gift Deed, there is a shift in ownership that is protected by law.All the parties need to be present at the time of registration. All documents should be presented in original. In case the purchaser cannot be present personally before the sub-registrar, he can give a Power of Attorney to his agent to sign and present the documents on his behalf.Documents that require registration, should be presented for registration within four months of its execution, along with the requisite fee which for property documents is 1% of the value of the property, subject to a maximum of Rs 30,000.Civil matters are expected to have disposal within three years. However, one can not expect disposal of case within such period of time.Upon the filing of a petition, the defendant is entitled to receive a copy of the petition and is issued a notice for appearing in the court. In such a case, the subject matter of the petition is taken up for the trial, and the judge passes the verdict or order.

Thanks & Regards

Bank cannot release property papers to you without your wife consent as she is the co owner of property 

if bank refuses to release the papers then complain to bank ombudsman 

you can also file case against bank before consumer forum and seek orders to direct bank to return your original documents 

also seek litigation costs and compensation for mental torture undergone by you 

The proeprty is on joint names and also she is one of the applicants for the home loan.

Therefore even if you have discharged the home loan in full, as far as the bank is concerned t you both are the title holders hence the documents pertaining to the proeprty can be handed over to both of you after you both sign the papers held by the bank to acknowledge the return of title documents.

You will not get any relief from supreme court or RBI ombudsman in this regard because what you are insisting to the bank is an unlawful act and you cannot claim it as a right in this illegal act.

You have reconcile with your ex-spouse and go forward to retrieve the property documents, even then since the property is on the joint names, you may not be able to have an absolute and clear marketable title to the proeprty until she relinquishes her rights in the property by either selling her share in your favor or executes a registered gift deed in your favor.

The proposed declaration suit, if disposed after very long legal battle, would only declare your title based on the convincing document you may produce before the court, however that will not be a binding factor to the lender bank to return the propeerty related documents to you alone without her signature.

You may consult an advocate in the local and try to sort out the issues with her and arrive at an amicable solution instead of stretching it into a very long drawn legal battle.

You are right that after payment of loan amount' bank has duty bound to release the title documents. But in your case, the signature of your wife are required since property is in the name of both of you.  In case bank release the paper to you without her signature, she may sue the bank.  So, as advised file a suit for declaration and mandatory injunction impleading bank as party along with your wife.  In this way, when decree for declaration is in your favor, court can direct the bank to release the title documents in your favor.  Rest up to you.  Go ombudsman, consumer court but thus is efficacious remedy in case you want to follow.  Good luck. 

Dear Client,

As per the facts which have been provided, bank needs your wife's consent to release the property papers.

Thank You.

Yes ombudsman or consumer court will work. HC not required at this stage

- Since, you have paid the entire amount from your fund , then file a declaration suit before the court for declaring the single owner of the property. 

- Further, if you have already filed the suit , and wife is not coming forward even after receiving the summon of the court , then the court may pass ex-parte decree in your favor .