in case of death
manoj chhadwani
(Querist) 19 March 2010
This query is : Resolved
hi, my quary is that my father had taken a home lone from hdfc . and he had passed away but i have completed his lone amount now the problem is that hdfc staff is not giving us noc nd original file there demand is that all family member is complsory to sign on paper and my brother are not interested to sign on paper to get the original docoument so what would be best solution ????
Parthasarathi Loganathan
(Expert) 19 March 2010
My dear friend, discharge of mortgage to the property by release of title deeds can be facilitated only by the legal representative to the deceased. This is happen only when there is mutual consent between the legal heirs. Please explain this aspect to your brother on certain terms and get the documents released from the bank. However, bank can issue No Due Certificate to you on the confirmation that none of you and family members have any loans outstanding in the bank.
nishad
(Expert) 19 March 2010
yes..the bank is right..all the legal heirs to be pleaded in the application to release title deeds...please follow mr.Parthasarathi Loganathan' advise.
B K Raghavendra Rao
(Expert) 20 March 2010
Convince your brother that it is essential to get back the original title deeds from the bank in his and other brothers' interest. You prepare an affidavit and an authorisation letter and take it to him for signature. He need only sign the documents which are ready and placed before him. No malafide intention could be attributed to this event. There is no reason why he does not sign the document as he is not required to visit the bank.
Kumar Thadhani
(Expert) 20 March 2010
Tell your brother AND TRY TO CONVINCE THEM thAt you are doing all these in the good interest of your brother and interest of family unity and that they will have no reason to deny and to solve your future family disputes.
Raj Kumar Makkad
(Expert) 20 March 2010
I do agree with the opinion of all my learned friends and add that if you become fail in your efforts then file a civil suit seeking injunction to bank authorities to do the needful and make your brother and all other legal heirs also party in that case and if your brother do no appear in that case then he shall be proceeded as exparte and bank shall be bound to obey the decree of court favouring you,
