• Property papers release from bank

Sir my father has took loan against our property from bank and my mother is co-applicant also my mother has name and photo signature on property papers 
I have clear all dues of bank and 10 years ago but still bank not giving me the papers and asking me to go talk with their legal advisor and bank advisor telling me to transfer all property to mother name 
What cna i do
Asked 5 days ago in Property Law
Religion: Muslim

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9 Answers

Record all the conversation or take me with you to bank.

This is absolute illegal.

advisor telling me to transfer all property to mother name - This is criminal act and FIR can be file against him and other bank officials. 

You are also entitle to compensation from bank to not to hand over the documents to you.

Where is your father and mother ?

Yogendra Singh Rajawat
Advocate, Jaipur
21769 Answers
31 Consultations

4.4 on 5.0

Property papers would  be handed only to owner of property ie your parents 

No need to transfer property  in your 

mother name only 

Ajay Sethi
Advocate, Mumbai
91274 Answers
6807 Consultations

5.0 on 5.0

You are stranger to bank loan. Since your father has expired so it is mother who is surviving person, hence, bank will return papers to mother being surviving applicant. If property is in the name of mother so bank is bound to return papers to mother only. 

Siddharth Srivastava
Advocate, Delhi
252 Answers

5.0 on 5.0

- Since, the loan amount already refunded to the bank , then the bank is under obligation to handover the property papers to its real owner. 

- Further, if your father has died, then bank should return the papers to your mother as she is the co-applicant of the loan and joint owner of the property, and it is not necessary to transfer the property in the name of mother. 

- You can send a legal notice to the bank for the same, and if no response then file a compliant before the consumer forum and seek compensation for harassment. 

Mohammed Shahzad
Advocate, Delhi
11181 Answers
149 Consultations

5.0 on 5.0

Your parents are co applicants in this loan.

It is not known if your father is alive.

If not then the property documents would be handed over to the co applicant post discharge of loan amount.

You can retrieve the property documents through your mother and then you may decide further course.

T Kalaiselvan
Advocate, Vellore
81456 Answers
1826 Consultations

5.0 on 5.0

You can send the legal notice to bank and proceed against it before consumer court for justice 

Prashant Nayak
Advocate, Mumbai
29605 Answers
121 Consultations

4.1 on 5.0

Dear Sir,

You may get issue a legal notice and give the Bank 15 days notice failing to return the documents you may go to High Court if it is a Government/Scheduled Bank or otherwise you have to go to Civil Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6128 Answers
432 Consultations

4.8 on 5.0

1. Does the title of the property stands in the name of your mother?


2. If yes, then the Bank will return the original title deed of the mortgaged property to your mother being the title holder of the said property.


3. Even if you have paid of all the dues of your father's loan, you can not claim delivery of the original title deed of your father's loan.


4. The above advice has beeb provided considering that your father is no more and if he is alive, he shall have to approach the Bank to get back the title deed.


5. If the Bank refuses to return the title deed to your mother, she shall have to file a Writ Petition against the Bank's inaction praying for a direction upon the Bank to return the original title deed to your mother if the loan taken by your father has been fully paid of.

Krishna Kishore Ganguly
Advocate, Kolkata
26977 Answers
726 Consultations

5.0 on 5.0

The bank will return the property documents ONLY to the property owner-cum-mortgagor after the loan is repaid fully, and NOT to third parties. As advised, please meet the bank's lawyer to ascertain the facts. 

Swaminathan Neelakantan
Advocate, Coimbatore
2392 Answers
20 Consultations

4.9 on 5.0

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