A legal heirship certificate is required for the release of documents pertaining to a deceased borrower's loan.

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 death of the borrower, the legal heirs have to produce the Legal Heirship Certificate issued by the Competent Authority to confirm the legal heirs of the deceased borrower.

5. In view of the said Circular, this Court cannot direct the Bank to release the original of Ext.P1 document without production of the Legal Heirship Certificate of the deceased borrower.

6. Accordingly, this Writ Petition is disposed of, directing the Respondent/Bank to process the request of the Petitioner to release the title deed with respect to the loan closed as per Ext.P3, on production of the Legal Heirship Certificate of the deceased borrower, Claiwin Pereira.

Sd/-