Anonyms User ( ) 18 January 2016

What is process for passport impoundment?

Hi,

I have a joint home loan with my now estranged husband. He had possession of property but he didn't paid the EMIs for last full year.. and due to home loan over due bank has sent a letter to passport office for both of our passport impoundment. I was expecting a letter from Passport Office at my permanent address but no one from passport office ever contacted me or sent any letter...

I have read over the internet that passport impoundment is solely at discretion of passport office whether they do it or not based on requests made...Now I am confused whether my passport is actually impound or not..

Please advise me on the full process of impoundment .. or ways to identify the impoundment.

Thanks in advance.

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5 Replies

adv.raghavan (Advocate,9444674980) 20 January 2016

It is bizarre to see banks started the work of immigration officers and other investigative agencies. Loan default will be dealt through recovery proceedings and not by restricting borrowers movement. Why they have to sent this letter? what is the content of that letter? Inform us to advice u better. With these grounds i donot think impounding can be initiated..

Anonyms User ( ) 21 January 2016

Thanks for the response.

The content of the letter states that:

The Manager, Passport Office, Chennai

Reg: Housing Loan Account. Passport number A/B

Dear Sir,

We wish to bring to you notice that person A n B availed housing loan from our bank. The borrower has Rs. x overdue in their home account loan. And borrower is not responding to emails, notices and SMS messages. We are enclosing the passport copy of the borrower for your verification. Please impound the passport of the customer as they are not repaying amount.

Thanks

Also I have asked some other bank manager who stated that this kind of actions are taken by banks because normally IT professionals are avail loans and go abroad after becoming defaulter. But I fail to understand why bank is not going for SARFAESI action even after 12 months of non-repayment and my repetitive request to proceed with the same.

But my major problem is due to my job profile I need to travel to client location with business proposals which I am unable to do... I don't want take unnecessary risk by trying to travel after receiving this kind of notice. Please help me understand the current situation and possible course of action.

Thanks in advance.

adv.raghavan (Advocate,9444674980) 21 January 2016

I donot think it is possible to do this way, but banks have their own ways and means of collecting outstandings. Till u get a letter from passport authorities regarding impounding u can travel. In case any detention takes place in airport u can escalate the same to High court and get suitable remedy, may be positive one.

B.N.Raja Mohamed (ADVOCATE) 28 January 2016

Madam,

The process of impounding a passport is solely wuthin the powers of the passport officer.Even the court or the police can impound it.THey can only direct tghe passport office to impound the same.

Inorder to know thw present status of your passport you can invoke the Right To Information Act,2000 by sending a query to the central public information officer.