Sheela Francis Parakkal Vs the Authorised Officer

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2025:KER:29173

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947

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WP(C) NO. 20337 OF 2024

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PETITIONERS:

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1SHEELA FRANCIS PARAKKAL
AGED 64 YEARS
W/O LATE FRANCIS PARAKKAL,
PARAKKAL HOUSE, ASSISILANE, ALUVA
ERNAKULAM, PIN - 683101

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2DEEPAK FRANCIS PARAKKAL
AGED 47 YEARS
S/O LATE FRANCIS PARAKKAL,
PARAKKAL (H), ASSISSILANE, ALUVA,
ERNAKULAM, PIN - 683101

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3RUPAK FRANCIS PARAKKAL
AGED 44 YEARS
S/O LATE FRANCIS PARAKKAL 2C,
NOEL ECOTAT, VALLATHOL JUNCTION
TRIKKAKKARA, ERNAKULAM, PIN - 682021

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BY ADVS.
PRAVEEN K. JOY
T.A.JOY
E.S.SANEEJ
M.P.UNNIKRISHNAN
N.ABHILASH
DEEPU RAJAGOPAL
FATHIMA SHALU S.
ALBIN VARGHESE
ABISHA.E.R
MEGHA G.

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RESPONDENTS:

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1 THE AUTHORISED OFFICER UNION BANK OF INDIA, ALUVA BRANCH, ERNAKULAM, PIN - 683101

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W.P.(C). No.20337 of 2024

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2025:KER:29173

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2THE BRANCH MANAGER
UNION BANK OF INDIA, ALUVA BRANCH,
ERNAKULAM, PIN - 683101

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3UNION BANK OF INDIA
UNION BANK BHAVAN, 239,
VIDHAN BHAVAN MARG, NARIMAN POINT,
MUMBAI,REP BY ITS CHAIRMAN, PIN - 400021

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4THE GENERAL MANAGER
RESERVE BANK OF INDIA BAKERY JUNCTION
P.B NO.6507 THIRUVANANTHAPURAM, PIN - 695033

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BY ADVS.
ASP.KURUP
SADCHITH.P.KURUP(K/1419/2002)
C.P.ANIL RAJ(K/872/2007)
SIVA SURESH(K/2688/2022)
B.SREEDEVI(K/169/2024)
ATHIRA VIJAYAN(K/199/2024)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W.P.(C). No.20337 of 2024

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2025:KER:29173

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BECHU KURIAN THOMAS, J.

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-------------------------------------W.P.(C). No.20337 of 2024

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Dated this the 4^th day of April, 2025

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JUDGMENT

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Petitioners seek for a direction to release the title deeds of the first petitioner’s husband that were mortgaged with the Union Bank of India, Aluva Branch.

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The husband of the first petitioner had availed five loans from the 2^nd respondent prior to 2010. The loans/credit facilities were granted on the basis of equitable mortgages and deposit of four title deeds with the 2^nd respondent is acknowledged by Exhibit-P4. Subsequently, the first borrower died on 20.10.2011, as is noticed from Exhibit-P5 death certificate, and he is succeeded by petitioners who are the legal heirs, which is also certified by the legal heirship certificate as per Exhibit-P6.

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After closure of the loan on 19.04.2014, the title deeds were not returned to the petitioners, and therefore, by communication dated 27.02.2024, petitioners requested to release the original title deeds kept as security with the bank. In fact, the bank has acknowledged that the title deeds are with them, as noticed from Exhibit-P7. In the meantime, petitioners’ request for release of title

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deeds retained by the bank were not being considered, as the bank demanded two sureties to be furnished, that too for an amount double the value of the property involved in the title deed. It is at this juncture that the petitioners have approached this Court under Article 226 of the Constitution of India.

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A counter affidavit has been filed by the respondents wherein they acknowledge the retention of the documents and also express their willingness to release them on compliance of the formalities required as per the policy of the bank. It is stated that since the owner of the property has expired, petitioners, who are the legal heirs, have to furnish a credit report of two sureties equal to or greater than the value of the property. As per the valuation report, the property is valued at 319.6 lakhs. Since the petitioners have not submitted any credit report of sureties, the bank has not returned the documents.

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I have heard Sri. Praveen K. Joy, the learned counsel for the petitioners and Sri. A. S. P. Kurup, the learned Standing Counsel for the respondent bank.

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Concededly, the documents of title of the borrowers are retained by the bank, while the loan account has been closed. First petitioner was also one of the borrowers, she is the wife and one of the legal heirs of the owner of property in the title deed. As per the legal

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heirship certificate produced, petitioners are the legal heirs of Sri. Joseph Francis, who was the owner of the property, and there is no dispute on their right to succeed to the property of the original borrower.

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As per the circular of the Reserve Bank of India dated 13.09.2023, the documents of title are liable to be released within 30 days of closure of the loan. Since there is no dispute that petitioners are the legal heirs, the bank ought to have, in all fairness, and in compliance with the lender’s obligation and returned the documents of title without any condition after obtaining appropriate acknowledgment. The requirement of furnishing a credit report of the sureties, that too worth the value of the property, cannot legally justifiable or be insisted in the instant case, since there is no dispute regarding the legal heirs and also since by Exhibit-P4 it is certified that petitioners are the legal heirs.

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Having regard to the above circumstance, there will be a direction to respondents 1 and 2 to release the documents of title mortgaged as per Exhibit-P4 and acknowledged in Exhibit-P7 to the petitioners immediately without insisting on any condition of furnishing sureties credit report. The needful shall be done, as expeditiously as possible, at any rate, within a period of ten days from the date of receipt of a copy of the judgment. The petitioners shall, while collecting

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the documents of title, furnish their address along with copy of any reliable identity card containing such addresses.

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The writ petition is disposed of as above.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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jka/04.04.25.

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W.P.(C). No.20337 of 2024

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PETITIONERS’ EXHIBITS

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Exhibit P1TRUECOPYOFTHEPHOTOOF
SANCTION/RENEWAL OF CREDIT FACILITY
DATED 02.04.2007 OF UNION BANK OF INDIA
Exhibit P2TRUECOPYOFTHEPHOTOOF
SANCTION/RENEWAL OF CREDIT FACILITY
DATED 18.02.2008 OF UNION BANK OF INDIA
Exhibit P3TRUECOPYOFTHEPHOTOOF
SANCTION/RENEWAL OF CREDIT FACILITY
DATED 02.07.2008 OF UNION BANK OF INDIA
Exhibit P4TRUE COPY OF THE TITLE DEED DEPOSIT LIST
OF UNION BANK OF INDIA DATED NIL
Exhibit P5PRODUCING TRUE COPY OF THE DEATH
CERTIFICATE ISSUED ON 27.10.2011 BY
REGISTRAR OF BIRTH AND DEATH, MUNCIPAL
OFFICE ANAGAMALLY
Exhibit P6TRUE COPY OF THE LEGAL HEIRSHIP
CERTIFICATEDATED20.03.2013OF
TAHSAILDAR ALUVA
Exhibit P7TRUE COPY OF THE LETTER DATED 22.09.2022
ISSUED BY 2ND RESPONDENT
Exhibit P8TRUE COPY OF THE REQUEST DATED
27.02.2024 TO THE 2ND RESPONDENT
Exhibit P9TRUE COPY OF THE REQUEST DATED
05.03.2024 TO THE 2ND RESPONDENT
Exhibit P10TRUE COPY OF THE ACKNOWLEDGMENT CARD
DATED 07.03.2024
Exhibit P11TRUE COPY OF THE E-MAIL DATED 07.03.2024
TO THE 2ND RESPONDENT

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Exhibit P12

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TRUE COPY OF THE CIRCULAR OF RESERVE
BANK OF INDIA ON XBRL RETURNS-
HARMONIZATION OF BANKING STATISTICS
DATED 04.01.2018

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RESPONDENT EXHIBITS EXHIBIT R1A

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TRUE COPY OF THE POLICY ON SETTLEMENT OF
DEATH CLAIM DATED 21.3.2024 ISSUED BY
THE BANK

Sheela Francis Parakkal v. the Authorised Officer

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Sheela Francis Parakkal v. the Authorised Officer

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