Want original documents from Bank?


My dad passed away in 2007, and he is survived by my mother, sister and me. He was a co-applicant for a home loan. Now we have closed the loan, however the bank is requesting for a legal heir certificate to return the original documents. When I inquired I got to know that the legal heir certificate should have been obtained within a year of my dad's passing away. Is there a way to obtain the same now? Also, would a surviving family member certificate be enough to get the original documents from the bank. Any help/inputs would be greatly appreciated

Answers (1)


433 votes
the Madras High Court had ordered that there was no limitation on making such applications and, therefore, the revenue officials concerned should not shirk their responsibility of issuing the certificates. A similar order was passed on April 17, 2013, making it clear that delay in making applications was not a valid reason for denying legal heirship certificates. Yet, the officials were continuing to reject applications in defiance of the court orders as well as a 2009 Government Circular which merely stated that legal heirship certificates should be issued after a thorough verification by the jurisdictional Village Administrative Officer (VAO). The circular also did not lay down a specific period within which the applications should be made. After pointing out the anomaly, the judge recorded the observation of the AAG that he would ask the DROs within the jurisdiction of the High Court Bench to issue written instructions to all the Tahsildars, Revenue Inspectors and the VAOs not to reject applications on the ground of delay and to dispose of every application within a maximum period of four weeks.J ustice T. Raja had held that delay in making applications could not be a ground to refuse legal heirship certificates.


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