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NC: 2026:KHC:16928 WP No. 31410 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.31410 OF 2024 (GM-RES)

BETWEEN:

MR.KONA ESWARA REDDY S/O LATE KONA SIVASHANKAR REDDY

AGED ABOUT 40 YEARS R/AT NO.2-34, KONA UPPALAPADU

ANANTAPUR ANDHRA PRADESH - 515408

ALSO AT FLAT NO.F-8, NO.9/1

2^ND FLOOR, 1^ST CROSS PRABHAVATHI SQUARE

REMESH REDDY LAYOUT DC HALLI

Digitally BENGALURU - 560076 signed by CHAITHRA A …PETITIONER

Location:

(BY SRI.SATISH G S, ADVOCATE)

HIGH COURT OF KARNATAKA AND:

UNION BANK OF INDIA JAYANAGAR BRANCH

NO.429/31, 30^TH CROSS JAYANAGAR 4^TH BLOCK

BENGALURU - 560011 REP BY ITS MANAGER

…RESPONDENT (BY SRI.VIGNESH S SHETTY, ADVOCATE)

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NC: 2026:KHC:16928 WP No. 31410 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO THE RESPONDENT BANK STATING THE BANK TO RETURN THE ORIGINAL TITLE DEEDS / ORIGINAL DOCUMENTS PERTAINING TO

THE SCHEDULE PROPERTY TO THE PETITIONER AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

This Court finds, on a careful consideration of the

material on record, that the conduct of the respondent– Bank is not only unjustified but also patently arbitrary. Despite the admitted position that the petitioner has fully discharged the entire housing loan liability, the Bank officials have compelled the petitioner to run from pillar to post for return of the original title deeds. The insistence on production of a Succession Certificate and particulars of legal heirs, in the facts of the present case, reflects a hyper-technical and mechanical approach, wholly divorced from settled legal principles. The stand taken by the respondent–Bank, under the guise of internal policy,

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NC: 2026:KHC:16928 WP No. 31410 of 2024

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cannot override statutory provisions or result in deprivation of the petitioner’s lawful entitlement to restoration of his title documents upon closure of the loan

account.

2. The undisputed facts reveal that the petitioner

and his wife had jointly availed the housing loan, though the petitioner alone was gainfully employed and has, after the unfortunate demise of his wife, single-handedly repaid the entire outstanding loan amount. The loan account having been fully settled as on 31.01.2024, the Bank’s lien over the title deeds stood extinguished. In such circumstances, the continued retention of the original title documents by the Bank is wholly without authority of law. The objection raised by the Bank, predicated on the death of the co-applicant, is misconceived and untenable, particularly when the liability has been completely

discharged by the petitioner, who is also a co-borrower.

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NC: 2026:KHC:16928 WP No. 31410 of 2024

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3. This Court also finds considerable merit in the

contention that the insistence on production of a Succession Certificate is legally untenable. Under Section 370 of the Indian Succession Act, 1925, a Succession Certificate can be granted only in respect of debts and securities, i.e., movable assets, and not in relation to immovable properties. The title deeds in question pertain to immovable property and were deposited merely as security for the loan. Therefore, the Bank’s insistence on a Succession Certificate as a pre-condition for return of such documents is wholly misconceived and contrary to the statutory scheme. The petitioner has, in any event, furnished a Heirship Certificate, which sufficiently addresses any procedural concern, though even such insistence was unwarranted in the peculiar facts of the

case.

4. Once the secured debt stands fully satisfied, the

mortgage created by deposit of title deeds stands redeemed, and the Bank is under a bounden obligation to

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NC: 2026:KHC:16928 WP No. 31410 of 2024

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forthwith release the security and re

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