In a joint loan account, unfortunately, bank needs consent of both parties. As bank is bound by banking rules, any closer at the  instance of one party will be against the  rules and can be successfully challenged by other party. You need to approach civil Court with all proof of valid divorce and conduct of husband for direction to bank to close the  account. Bank account seems operatable by either or both. File a civil suit and criminal complaint  against husband for criminal breach of trust. Criminal complaint will force him to settle the matter. 

You would need court orders to direct the bank to handover the original documents of title as the loan has been repaid by you and husband has executed a registered gift deed in your favour.

Your situation involves legal, financial, and procedural complexities, but there are remedies available to resolve this matter effectively:

1. File a Complaint with the Banking Ombudsman: If the bank is unreasonably requiring your ex-husband’s approval despite the gift deed and your sole ownership of the property, file a formal complaint with the Banking Ombudsman. Attach the gift deed, divorce decree, and proof of sole loan repayments to substantiate your claim.

2. Send a Legal Notice to the Bank: Engage a lawyer to issue a legal notice to the bank, demanding the release of property papers upon loan closure, citing your sole ownership and the bank's obligation to act within the bounds of law and fairness.

3. Civil Suit for Declaration and Injunction: If the bank continues to insist on your ex-husband's approval, you can file a civil suit in India seeking:

   • A declaration that you are the sole owner of the property and entitled to the title papers.
   • A mandatory injunction directing the bank to release the property papers without requiring your ex-husband’s approval.

4. Police Complaint for Fraud: Given your ex-husband's unauthorized withdrawal from the overdraft account post-divorce, consider filing a police complaint for criminal breach of trust and cheating under Sections 406 and 420 of the IPC. This may also provide leverage in resolving the matter.

5. Closure of Loan Account: Work with the bank to close the account and settle the loan. If the bank persists in requiring your ex-husband’s consent, present the legal documents (gift deed, divorce decree) and escalate the matter to senior bank officials or the regulator.

6. Seek Legal Representation in India: Since you are abroad, appoint a trusted lawyer in India to represent you and handle proceedings on your behalf.

Act promptly to prevent further complications and ensure your rights are protected. Let me know if you need assistance drafting a legal notice or complaint.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

You can seek courts intervention in this matter. Court give directions in the same. If you would have made the courts consent terms at that time it would have been easy for your

Court doesn’t expects a party to find out his opponent whose whereabouts are concealed by him. It is sufficient if you furnish the  last known address of husband, when notices of Court returns unserved, Court will order you to publish notice on him through public notice in newspaper. Such notice is as effective as personal notice. You need to add husband and bank as parties to the  suit submitting divorce  papers and seek direction to bank to close the  account, return you title deeds and complete all formalities on the  ground that loan is cleared by you.

if the property is gifted to you by a registered gift deed, it means your ex-spouse has ceased to be the owner. so where is the question of getting his approval for releasing the title documents

if you are clearing the loan in full and you have also become the owner of the mortgaged property then the bank's denial to release the title papers to you upon repayment of the loan is arbitrary and illegal

i suggest you file an online complaint with the banking ombudsman against the bank

notice would have to be issued to your husband 

if he does not appear you would get exparte orders 

- If your ex-husband has executed a registered gift deed in your favor for making you the single owner of the said property , then he cannot claim the same and even deal with the loan account. 

- Since, he has withdraw the amount from your loan account then you can file a complaint against him for the offence of cheating ;and breach of trust .

- Further, the bank also cannot refuse to handover the documents of property if by the registered gift deed the said property is transfer in your name. 

- You can file a complaint before the RBI against the said bank being the single owner of the property which papers are mortgaged with the bank. 

Even if he doesn’t participate court will pass exparte orders against him and direct bank to do the needful 

If you file a civil suit against the bank to resolve this matter, your ex-husband's representation or participation may not necessarily be required if your grievance is primarily with the bank for refusing to release the property papers despite your legal ownership. You can submit all relevant documents, including the gift deed, divorce decree, loan repayment records, and proof of sole ownership, to establish your case. However, if the bank argues that your ex-husband still holds rights due to the joint loan structure, the court might require his presence to clarify his position. Since you do not know his whereabouts, the court can allow substituted services, such as public notice in newspapers, to notify him. If he fails to respond after proper notification, the court can proceed ex parte in his absence. Ensure you provide the court with all key documents to strengthen your case, including the gift deed, divorce decree, and proof of sole EMI payments. Alternatively, you could file for a declaratory decree to establish your sole ownership of the property, which may not require his involvement if the gift deed is clear and unchallenged. Inform the court about your inability to contact your ex-husband for mental peace and safety, and they will guide you on the appropriate steps to proceed.

I would suggest to have a detailed consultation; you can book the consultation

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

To transfer a home loan to yourself after a divorce, you need to negotiate with your ex-husband to buy out their share of the property, then formally request a loan transfer from the lender, which will involve submitting necessary documents, paying transfer fees, and potentially undergoing a credit evaluation to qualify for the loan solely in your name.

You cannot typically get the title documents for a jointly owned home if you close the joint home loan without your husband's consent, as both of you are legally considered owners of the property, and removing one person's name from the title would require their signature and agreement, usually through a legal process like a quitclaim deed.

Alternately you can approach court with a suit for mandatory injunction to direct the bank to handover the proerty documents on the basis of repayment of loan made by you through out, but it will be difficult for you to prove the same as the property was purchased jointly and if the transfer of the same to your name by an unregistered deed.

In fact he cannot transfer his share of property in your favor by a registered gift deed because since the property is under mortgage loan, he cannot claim clear and marketable title hence the registrar will not permit him to execute the gift deed by a registered deed. 

It is pertinent that the court will send summons to your husband to seek his objections to the relief sought by you.

You may have to furnish the last known address to issue summons.

If he is not found in the given address then the court may instruct you to submit fresh address or to take steps to serve the  summons through substituted services .