State Bank of Patiala ver­sus Cha­ran­jeet Kaur

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In this case, com­plainant Cha­ran­jit Kaur took two hous­ing loans, one in 2002 and the other in 2005, from State Bank of Patiala and mort­gaged her prop­erty. The hus­band of the com­plainant had also availed credit fa­cil­ity from the same bank and the com­plainant had stood as a guar­an­tor of the said credit. When the com­plainant set­tled her loan, she re­quested the bank to re­lease her ti­tle deeds. How­ever, the bank re­fused to re­turn her deeds say­ing that she stood guar­an­tor for her hus­band’s loan, and hence it could re­lease the deed only when that loan was re­paid. The com­plainant con­tended that two ti­tle deeds in re­spect of two sep­a­rate floors for the same prop­erty were de­posited with the bank against two hous­ing loans. Since one of the loans was cleared, the bank could not hold the se­cu­rity mort­gaged against that par­tic­u­lar loan. The bank said that as she was a guar­an­tor of the credit fa­cil­ity taken by her hus­band, she was un­der an obli­ga­tion to pay the afore­said loan and there­fore the ti­tle deed of her prop­erty could not be re­turned.

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