Disposed¶45

Smt Shivani Singh v. the Chief Manager (Maintenance) State Bank of India

Karnataka HC3 Jul 2025WP/35115/2024

Case brief

AI extract

What is this about?

Return of original title deeds; deposit of title deeds / equitable mortgage; closure of loan account; loan discharge certificate; deceased co-borrower; legal heirs; co-heir abroad, address unknown; GPA holder; indemnity bond; mandamus under Articles 226/227; State Bank of India; W.P. No. 35115 of 2024 (GM-RES); Karnataka High Court, 2025.

What did the court decide?

Petitioner's prayer allowed to the extent that the respondent Bank may issue the original title deeds to the petitioner's father (GPA holder), subject to the petitioner executing an indemnity bond in the form required by the Bank, and the Bank is to furnish the loan discharge certificate to enable clearance of the encumbrance. ¶45

Smt Shivani Singh Vs the Chief Manager… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent Bank may be directed by way of a writ of mandamus to return the original title deeds deposited with it (Annexure-B) and to furnish a loan discharge certificate, where the loan account stands closed, one co-borrower (the mother) has died, and one legal heir (the brother) resides abroad with his address and whereabouts not known.

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Court's answer

In light of the undertaking given by the petitioner, the Bank may proceed to issue the original title deeds to the father of the petitioner (her power of attorney holder).

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Ratio / Principle

The petitioner is to adhere to her undertaking of executing an indemnity bond in the form as required by the respondent Bank.

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Key takeaways

The respondent Bank was directed to furnish the loan discharge certificate to enable the petitioner to have the encumbrance cleared.ratio¶43

Detailed headnote1 paragraphs

Writ Petition (GM-RES) under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka (S Sunil Dutt Yadav, J.), decided on 03.07.2025. The petitioner sought a writ of mandamus directing the respondent Bank (State Bank of India) to return the original title deeds deposited by her and her mother towards a loan, along with a loan discharge certificate. The loan account stood closed as evidenced by a certificate dated 30.06.2022 (Annexure-C); the mother had died leaving the petitioner, her father and her brother as survivors, and the brother resided in the USA with his address and whereabouts unknown. On the petitioner's undertaking, affirmed through an affidavit of her father and GPA holder Sri. Ram Kumar Singh recording her no-objection to handing over the originals to him, and subject to execution of an indemnity bond in the form required by the Bank, the Court held that the Bank may issue the original title deeds to the father and directed the Bank to furnish a loan discharge certificate to clear the encumbrance. Petition disposed off.

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NC: 2025:KHC:23930 WP No. 35115 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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WRIT PETITION NO. 35115 OF 2024 (GM-RES)

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BETWEEN:

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SMT. SHIVANI SINGH W/O SRI. VIPIN VERMA, AGED ABOUT 42 YEARS REP BY HER POWER OF ATTORNEY HOLDER SRI. RAM KUMAR SINGH S/O.LATE.SRI.MOTILAL SINGH AGED ABOUT 83 YEARS, RESIDING AT NO.D-161, SPAZE PRIVY SECTOR-72, GURUGRAM, HARYANA-122101.

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…PETITIONER

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(BY SRI. R B SADASIVAPPA., ADVOCATE)

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Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA

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AND:

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THE CHIEF MANAGER (MAINTENANCE) STATE BANK OF INDIA NO.117, GROUND FLOOR, EPIP PHASE-1, ROAD NO.3 NEIL RAO TOWERS, RACPC, WHITE FIELD, BENGALURU-66.

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…RESPONDENT

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(BY SMT. SADHANA S DESAI., ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING

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NC: 2025:KHC:23930 WP No. 35115 of 2024

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HC-KAR

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THE RESPONDENT BANK TO RETURN THE ORIGINAL TITLE DEEDS/ DOCUMENTS REFERRED AS PER ANNEXURE-B AND LOAN DISCHARGE CERTIFICATE.

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THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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ORAL ORDER

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Petitioner has sought for issuance of writ in the

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nature of mandamus to direct the respondent - Bank to return the original title deeds referred as Annexure-B.

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It is the case of the petitioner that the

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petitioner and her mother had admittedly taken loan from

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the respondent - Bank by depositing title deeds. It is made out from the affidavit that the mother of the petitioner expired leaving behind the petitioner, her father and her brother. It is specifically asserted by the petitioner that her brother is residing in the United States of America but

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his address and whereabouts are not known. It is not in dispute that there is a closure of the loan account as is

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3 - NC: 2025:KHC:23930 WP No. 35115 of 2024

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HC-KAR

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evidenced by the certificate dated 30.06.2022 at

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Annexure-C.

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It is submitted that an affidavit has been given by Sri. Ram Kumar Singh, father of the petitioner who also happens to be the GPA holder of petitioner. It is submitted that the affidavit given is to the effect that the daughter who is the petitioner has no objection for handing over of original documents to the father. Petitioner further submits that indemnity bond could be executed in order to indemnify any claim, if made regarding the documents that are to be handed over to the father of the petitioner.

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In light of the undertaking given by the petitioner, the Bank may proceed to issue the original title deeds to the father of the petitioner. Needless to state the petitioner is to adhere to the undertaking of executing

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indemnity bond in the form as required by the respondent

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