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Gauranga Bhattacharya (Officer ( Retired ))     23 December 2012

Legal heir's right.

Dear Experts,

The homested property of my father (now deceased) was mortgaged with a nationalized Bank, as a Guarantor. The loanees had duly paid back the entire dues and obtained No Dues certificate from the Bank.

I am the only surviving son of my late father. The other legal heirs are my elder sister, widows of my late brothers. Excepting me, all others stay outside the district and some outside the State (W.Bengal). 

Now, the Bank has REFUSED to handover the Title Deed of my late father to me and asking for presentation of ALL THE LEGAL HEIRS to get back the Deed.  It will NOT be possible for the legal heirs to present themselves to take delivery of the Deed (since most of them stay outside the State/District as mentioned above).

My question : CAN THE BANK LEGALLY WITHHOLD THE TITLE DEED & ASK FOR PRESENTATION OF ALL THE LEGAL HEIRS ?



Learning

 1 Replies

Advocate Rohit (Advocate)     24 December 2012

since your father is no more, therefore bank is right in asking for the presence of all the legal heirs so that in future bank will not face any trouble.

you may go for legal heirship certificate which can be obtained from the court. this would prove to the bank that the persons who are claiming the documents of the property are genuine legal heirs.

 

The process of obtaining legal heirship certificate takes normally six months, if there is no objection from anyone.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


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