HDFC HOME LOAN

Dear Client,
Once a person passes away intestate, i.e, without any will, as per the law of succession or inheritance, all the surviving legal heirs are entitled to an equal share in the property left by the deceased owner. Accordingly, the Bank asked for the NOC from all the legal heirs of the deceased borrower to release the original deed of the mortgaged property on repayment of the entire loan amount by the legal heirs of the deceased borrower. The Bank is not concerned with who or how the loan is repaid instead they are concerned with the release of original property papers to legal heirs of the deceased borrower who left intestate. So, the Bank has taken the right decision in the matter. For non-cooperation of the other legal heirs in the matter, you have to file a civil suit for declaration before the Civil Court praying for an appropriate order in the matter to get back the original property papers from the Bank on repayment of loan. If required, hire the service of an Advocate to navigate the issue in the right way.

Dear sir,
either file civil case or approach high court with all documents and get direction to the bank to return land documents

Dear Client,

In this situation, Murthi's mother, who has been paying off the home loan, is facing a legal complication in retrieving the original documents from the bank due to the involvement of other legal heirs (wife and daughter). Since the property and loan are tied to all three legal heirs, the bank requires signatures or involvement of all heirs to release the documents. Here’s a step-by-step approach to resolve this:

Steps to Take:

The first step is to try and negotiate with the bank. Explain that the mother has been solely paying the loan and is willing to settle the remaining amount in one go.
Request the bank to issue a letter confirming the total amount paid by the mother and document her request to release the original property documents.

Gather all proof of payments that the mother has made towards the home loan. This includes bank statements, receipts of payments, or any documentation that shows she has been the sole payer.
Submit these documents to the bank to strengthen the case that she is entitled to the original documents.

To establish her legal right over the property, the mother should ensure she has a legal heir certificate issued by the local revenue authorities. This certificate will officially name the legal heirs of Murthi, confirming that the mother, wife, and daughter are the only legal heirs.

Before going to court, the mother can send a legal notice to the wife and daughter, demanding that they either contribute towards the remaining loan or give consent to release the documents.
This may encourage the wife and daughter to either agree to sign the required documents or engage in discussions for an amicable settlement.If the wife and daughter are unwilling to cooperate, the mother can file a partition suit in civil court. In this case, the court can decide on the distribution of the property and the responsibility for the loan payments.

The mother can claim her share of the property and the fact that she has been solely paying the loan, requesting the court to compel the wife and daughter to either reimburse her or relinquish their share of the property.
If the court rules in her favor, she can get the title to the property and then approach the bank to release the documents.

The bank might also suggest involving its legal team to facilitate a resolution. In cases where there is a deadlock between heirs, the bank may act as a mediator or assist in coming to a solution.

If the wife and daughter refuse to cooperate entirely, the mother may have to seek a Succession Certificate from the court. This certificate will establish her legal right to the property and loan, allowing her to take full ownership and potentially settle the issue with the bank.

Documents Required:
Proof of loan payments (bank statements, receipts).
Legal heir certificate.
Death certificate of Murthi.
Loan account details from the bank.
Any communication with the wife and daughter regarding the loan.


Regards