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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
LINDA GONSALVES – Appellant
Versus
THE MANAGER, STATE BANK OF INDIA – Respondent
| Table of Content |
|---|
| 1. petitioner seeks the title deed post-loan closure. (Para 1 , 2 , 3) |
| 2. bank requires legal heirship for title deed release. (Para 4) |
| 3. court conditions processing on legal heirship certificate. (Para 5 , 6) |
JUDGMENT
1. The Petitioner has filed this Writ Petition seeking direction to release the original of Ext.P1 to the Petitioner in view of Ext.P3 letter issued by the Respondent No.2 certifying the closure of the housing loan.
2. The subject loan was taken by the husband of the Petitioner, one Claiwin Pereira. The husband of the Petitioner died, and the loan was subsequently closed utilizing the insurance amount due on his death.
3. The contention of the Counsel for the Petitioner is that the Petitioner and her son are the only legal heirs of the deceased husband who inherited the mortgaged property, and hence the Petitioner is entitled to get the title deed deposited by her husband. Even though the mother of the husband is there, as per the Indian Succession Act, the mother will not be a legal heir of the deceased husband.
4. The learned Standing Counsel for the Respondents/Bank submitted that, as per the Master Circular issued by the Reserve Bank of India, on the d
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