Hi, I had taken a loan years ago for my apartment, together with my then-husband. The apartment was jointly owned. When we got divorced, I had him sign a release deed and since then completed the loan payments and got a letter from the bank confirming full payment and the home loan account closure. When I approached the bank to release the documents, they said they wanted also the co-applicant approval. However by this time he has already left the country and its been several years. I'm willing to reach out to him to get his approval. Please advise what format this should be in and if only a signature on a letter stating he is fine with the closure of the home loan is sufficient or if anything else is required. Thank you!
Your ex-husband has to sign the papers along with the co-applicant to receive the title and other related property documents after the home loan has been fully discharged.
The bank will return the papers to both since both are joint borrowers, he either has to come down in person or can give a duly notarised power of attorney deed in favor of his close relative or any other trust worthy friend to complete this task on his behalf.
Along with the release deed, relinquishment deeds should also have to be executed in the light of the release deed. Approval of the husband is no longer required. "HE IS FINE" ?? Your husband should execute NOC giving his no objection of loan be closed and should also write that he has consent for closure of loan in favour of you. He should also confirm the release deed.
Thank you for the answers! Then, I assume I can mail him a letter format with no objection of loan closure and consent for it to be closed in favour of me, as well as confirmation of release deed (which he signed years ago anyhow). Does he need to attach any identification documents? I'm doubtful that any relative can be present at the bank for submission. I will likely ask him to mail me the letter and will submit on his behalf. Since the property release deed and divorce decree is with me, shouldn't this be enough for the bank to return the sale deed original?
The release deed, if it was executed by a registered deed would confirm that you are the absolute owner of the entire property subsequent to the execution of the said deed and the divorce is between the husband and the wife.
Here the loan was applied jointly by two joint owners/co-applicants when they were still married, hence as per bank rules, the bank can handover the title and the property related documents only to both the borrowers and not a single borrower, after the loan has been fully discharged.
If your bankers agree with the suggestions you made, then you can proceed or else you may have to follow the legal procedures as suggested
Take an affidavit from your ex husband that he has no objections to release of property documents to you
get affidavit attested before Indian consulate abroad
It is always advisable to get an affidavit . Since it is attested before Indian consulate bank will not raise any issue
if you furnish a letter bank may not accept it
It is always advisable to get an affidavit . Since it is attested before Indian consulate bank will not raise any issue
if you furnish a letter bank may not accept it
You shall be required to file origional letter. Email letter bank can refuse.you yourself can also file letter with identity proof of husband and bank will release sale deed.
Also, if he is in abroad, let him execute an affidavit duly notarized by the ambassador and it can be sent to you along with his Aadhar or passport copies.
- If you have already taken a registered release deed in your favour , then there can not be requirement of his approval for getting the documents
- Since, he is residing abroad , then he can give an Affidavit dully notarized as per rule of that country after mentioning that he has no objection if the documents which is in joint names , released to you.
- If possible , then he can attested this affirmation NOC from the consulate of India in that country.
Dear Client,
To obtain the title and other related property documents after the home loan has been fully discharged, it is necessary for both joint borrowers, including your ex-husband, to sign the papers. This requirement is in accordance with the bank's policy, as the loan was initially applied for jointly by both owners while they were still married. The bank can only release the documents to both borrowers and not to a single borrower, given this circumstance.
There are two options available to your ex-husband to fulfill this requirement. He can either personally visit the bank and sign the papers, or he can grant a notarized power of attorney deed to a trusted relative or friend. This authorized representative can then complete the task on his behalf.
It is important to note that if a release deed was executed and registered, it would serve as confirmation that you are the absolute owner of the entire property following the execution of the deed, and that the divorce occurred between you and your husband.
If your suggestions are approved by the bank, you can proceed accordingly. However, if the bank does not agree to these suggestions, you may need to follow the legal procedures advised by your attorney to obtain the necessary documentation.
You can get the same from bank if they have any format otherwise an application for closure will do
Since you have the property release deed and divorce decree with you, these are enough for the bank to return the original title documents. The bank officials keep on asking that the joint holder should be present or he should grant approval for handing over the documents to the one who is now the absolute owner of the property. You may try to get his approval or authority letter with ID proof, if it is feasible, otherwise you should take it up with the higher authorities of the bank to get back the title deeds on the strength of the release deed and divorce decree. For a moment, you may ask the bank officials, if the joint applicant is dead then will you not return the documents on producing the death certificate. If that can be done then why not on the basis of release deed and divorce decree.
