Release of sale deed to first owner

Querist : Anonymous (Querist) 21 August 2022 This query is : Resolved
The background is as follows.

One of my close relatives purchased a house with a joint name, both husband and wife were parties for the housing loan which was granted by SBI.

During the course of time, the wife applied for a separation and left the country and went to the USA, got married there and settle there. The husband had to repay all the loan and get the NOC from the bank. Later the husband applied for divorce and got it.

2ndly, wife forged the husbands signature and got the passport applied for his daughter and fled the country.

Now after 15 years husband approaches SBI requesting them to release the sale deed kept as security. But the bank is saying both have to be present before them, which is practically impossible. Then the bank says to get court direction saying documents can be given to the first owner who is taking care of the house.

Do suggest under which legislation and to which court of law the first owner needs to approach to get remedy to his issue.

Kindly respond

regards

Arun

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Adv. Ravish Bhatt, ADIT, CIOT (Expert) 22 August 2022
You have to file a suit pointing out all the facts and making bank and wife party respondents there seeking directions to be issued to bank for release of title deeds in your favor.
Its a little lengthy procedure of course but there does not seem to be any more expeditious process.

kavksatyanarayana (Expert) 22 August 2022
As the house is jointly purchased a house by the husband and wife and took the loan from a Bank. As they jointly purchased the house and hence wife has also a 1/2 share right over that house. Hence bank cannot release the document. Hence as advised by the above expert Sri.Ravish Bhatt sir you have to file the case seeking directions to release the document.

Dr J C Vashista (Expert) 23 August 2022
She is co-owner and has to be a defendant with Bank in the suit for mandatory injunction for release of original title documents.
Seek services of a local prudent lawyer in your own interest.

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