The query as I find is having several inconsistencies.
"'I have a passbook for the same land.Cultivation was being done by my husband till date.Around 30 years back ,this land was shown as surity to a bank by my mother to help her brother and signatures were made by my mother.This happened without my notice and I came to know after many years.The loan was not yet paid back and the land papers are still with the bank .This same land was given to my
a.)When you are having a passbook in your name and cultivation is being done by your husband for 30 years, how this land was offered as security is not known. The revenue records 'Pahani" must have such facts recorded.
b)You are eligible for a share in property if your father is still living and if all the properties were not divided before 2005.
Contact local advocate and find out the actual outstanding status of the loan. You can also file RTI Application to the Bank and seek information as to the procedure as to how Bank has accepted the land belonging to you as security by a third party without knowledge and consent, when the pass book and revenue records are in your name. The type of mortgage has also plays a role. (Generally bank makes simple mortgage by registering the document in case of agricultural loans, and if the title deed is available with all other link documents, as per EC, bank may consider equitable mortgage by means of deposit of title deeds with a memorandum)
b)A bank can not remain quiet for 30 years as there is limitation period, and it can be presumed that either borrower must have repaid or the loan was written off in Bank records. Still you can issue a legal notice to the Bank and demand for return of the documents as your mother has offered the documents as security without your knowledge and consent, and you may enclose copy of pass book (title deed part) and revenue records.
Contact local advocate and find out the actual outstanding status of the loan. You can also file RTI Application to the Bank and seek information as to the procedure as to how Bank has accepted the land belonging to you as security by a third party without knowledge and consent, when the pass book and revenue records are in your name. The type of mortgage has also plays a role. (Generally bank makes simple mortgage by registering the document in case of agricultural loans, and if the title deed is available with all other link documents, as per EC, bank may consider equitable mortgage by means of deposit of title deeds with a memorandum). You are also entitled to get information on dues /outstanding on that loan, and your advocate can guide you as to how to proceed on your mother or uncle for offering the land in your name as security without your knowledge and consent. May be a threat of civil and criminal action through legal notice to concerned may bring out the facts.
I am afraid that you have been assuming things or not informed entire facts in your post, and if the entire facts in your post that the pass book is in your name, revenue records are in your name is correct, you can exercise your right of ownership without any doubt, and some individuals without full knowledge may be misleading you to sell the land for throw away price.
