Archive · 24 May 2025
Madras High Court: Banks Can't Withhold Property Deeds
A recent court ruling clarified that banks can't hold onto your property documents or refuse to give you a 'no dues' certificate just because you owe money on a separate loan where you were a co-borrower.
The Madras High Court sided with a lorry owner who had fully paid off a loan for a tanker, but the bank refused to return the title deeds because the owner was a co-borrower on another outstanding loan.
The court said that a bank's right to combine accounts only applies if the loans are in the same capacity and that the owner's responsibility as a co-borrower doesn't let the bank hold the title deed of another property.
The court ordered the bank to return the documents.
Madras High Court ruled banks can't withhold title deeds for one loan due to another.
The case involved a lorry owner and IndusInd Bank regarding a LPG tanker lorry.
The bank wanted to retain the title deeds due to another undischarged loan where the owner was a co-borrower.
The court stated the bank’s lien doesn't apply when loans aren't in the same capacity.
The court ordered IndusInd Bank to issue a no dues certificate and return the title deeds.
- Who
- Justice D. Bharatha Chakravarthy, S. Balaji (lorry owner), IndusInd Bank
- What
- Ruling on banks withholding property deeds
- When
- May 2024
- Where
- Madras High Court
- Why
- To clarify that banks cannot hold title deeds for one loan due to another when the borrower is a co-borrower
- Court
- Madras High Court
- Judge
- Justice D. Bharatha Chakravarthy
- Bank involved
- IndusInd Bank
- Property
- LPG tanker lorry
- Petitioner
- S. Balaji