Recovery of loan: Legal questions
Dear All, I Bindu Nagarjuna Allampudi is writing this to seek your advice on the below issue. My Mother Ramamurthy Hemamalini is holding a Staff Loan Account with State Bank of Hyderabad, Vanasthalipuram branch. She has passed away in the year 2009, leaving the housing loan uncleared. However I have cleared the entire debt and now the Bank's Law department is asking for Legal Heir Certificates to handover the Title deeds. The main issue here is my mother is not married to my father A.Vasudeva Rao legally as per the hindu law and there is no marriage certificate to prove it.After my father died, she started living with another guy(not married legally as he is having a wife by that time from whom he didn't obtain divorce from the court of Law). As a result of their living together, my sister K.Karunasree has born. After all these, my sister and myself are good in terms with each other. After my mother expired, as per her instruction in the employee pension, the state bank of Hyderabad, PPG department has granted us Pension under the Family Pension Scheme recognizing both of us as Son and Daughter of Ramamurthy Hemamlini. Now the same bank in which the housing loan account is being held is asking for Legal Heir Certificates to prove ourselves as the descendants of Ramamurthy Hemamlini. We are just graduated and can't afford to pay X% of market value certificate to the registrar and bear the charges for legal process. Is there any way to claim our mother's hard earned property, as we have already spent nearly 8 lakhs from from her terminal benefits. Many Thanks in Advance. Your valuable advice in this concern is much appreciated. Sincerely Bindu Nagarjuna Allampudi
You are advised to complaint against the bank. You were previously recognised as a heir while being granted pension and seemingly the bank has hardened its position for ulterior reasons when it came to the bank loan. The bank has thus wrongfully applied two different sets of rules while dealing with you.
You can follow these steps-
- Lodge a complaint, in writing, with the branch concerned.
- If your grievance is not redressed at the branch within 15 days or you do not receive any communication from them, you may approach the higher authorities of the bank (Regional / Zonal Manager) whose contact details should be available at the branch.
- If you do not receive a reply within 30 days of lodging your complaint with the bank or you are not satisfied with the reply, you may approach the Banking Ombudsman under whose jurisdiction the branch falls. The Banking Ombudsman is a high ranking official directly working for the RBI who can assist you. The contact details of the Banking Ombudsman should be available at the branch as also at www.rbi.org.in>Home>MoreLink>Complaints>Banking Ombudsman Scheme
The following is the process for lodging an online complaint with the Banking Ombudsman.
- Visit https://secweb.rbi.org.in/BO/precompltindex.htm
- You will be asked “Have you made a written complaint to the bank?”. Click “YES” If you raised a complaint to bank. If you clicked "Yes", then the system seeks inputs on "If Yes, Whether 30 days are over form the lodgement of complaint to the bank or not satisfied with Bank's reply ?”. Click “YES” if your complaint satisfies with the condition.
- You will be asked to fill Bank name, Account no., Complaint name, Mobile no.
- Once you fill up the details, website will redirect to complain form.
- Select BO office (Banking Ombudsman).
- Fill up the form with necessary details like Name, address, bank name, complaint category, description of complaint etc. Click “SAVE”
- After successfully submission of your application, user can upload supporting documents by clicking on upload option. Supporting document means copy of complaint, bank reply, evidence etc.
You will get acknowledgement of complaint once review is done by Ombudsman. Within 30 days from your complaint, Ombudsman will resolve the issue. They may contact you if any clarification require.
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