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Nagoor   18 July 2017

Property registration issue

Dear Respected Sirs \ Madams ,

Last year my friends & me (4 member including me) bought a 16 cents of plot (4 cents each one) out of 3acrs of agricultural land and at the time of registration owner brought a copy of passbook only to the register office. When we asked him he said original not required it’s only 20 cents. We don’t know how he managed with registrar but it’s got registered under our names.

Now some X person sent a legal notice to all of us (including registrar, land owner and us) stating that owner has taken 8Lakhs loan by executing a mortgage ( not a registered mortagage ) under his name and submitted original passbook before 5yrs. We don’t aware this matter. Neither land owner told us nor EC which we took while registration shown.

We went several times to land owner for to resolve this , he simply saying that it’s just a 8 lakhs loan only , you guys don’t worry I will take care of it .

After some months we got a notice from the local court for hearing, as per court notice we all are went to court but the owner and the one who filed case \ his lawyer not presented in the court. And all our name were called in the court but we only presented and we have been told by honorable judge to hire a lawyer. That’s it. No another sentence said.  

 

And it’s being 2 months no another notice came from the court or any other lawyer.  We afraid that our hard earned money will vanish by our lack of knowledge.

 

Kindly advise what action we can take, we hope your expert answer will guide us. Thanks.



Learning

 11 Replies


(Guest)

as the judge advised you.

 

Hire a lawyer!

Regards,

Rit Arora

Advocate

7838737001

1 Like

Nagoor   18 July 2017

thanks Mr.Rit Arora for your quick rply ....

can you please advise on below .

1) Since Property is already registered under our name , will it be a problem if we try to sell to others ???

2) it's been 2 months , no news about case ( from court  \ from petitioner ) . is the case closed or what ???

3) practically we did not took the loan but owner did ...if we hire a lawyer then what kind of actions he will take ..???

 

thanks .


(Guest)

Since the prperty is mortgaged( I am assuming) it wont be practical to sell it. you will be liable cos you are aware of the fact that the property is not free.

 

Secondly you have appeared before the court. Now if you dont go to the court they will proceed without you and there is a chance that court might assume that you were aware of the mortgage.

If you will hire a lawyer, he will put forward your case and defend your rights. prove that you have not bought the property knowing anything about mortgage

1 Like

Nagoor   18 July 2017

Thank you very much .. sure we will hire a lawyer soon . 

reg mortagage , we came to know that when notices came to our houses . 

and fyi , mortagage done 5yrs before and it's still not registered thats why it's not showing in the EC . 

 

does non registered mortagages are have any value ??  are they consider by court ????  pls clarify . thanks .


(Guest)

Which Bank or Financial Institution is the property Mortgaged ? Please check it first

By means of an Equitable Mortgage, Yes, anyone can borrow money without registering it which will NOT reflect in the Encumberence Certificate. (It was possible a few years ago, but as on today it is NOT Possible) There were multiple frauds happening and hence now Banks have made it mandatory to have a Registered Mortgage Plus CERSAI has come into play to stop such frauds. 

You are dutybound to check ALL Original documents / Previous title deeds,  7/12 Extract plus you should take extra precaution by publising your interest in property in Local Newspaper as well. All this is a must before you buy a property.

Prima Facie, your seller has cheated you by Not disclosing the 8 Lakhs Loan. Take him to task. 

The Financial Institutions/ Banks have powers by means of SARFESI Act to forcefully evict you and auction the property to recover their dues. Hence, resolve this issue with your purchaser ASAP. 


(Guest)

Although Agriculture Land is out of purview of SARFESI Act 2002, however, why would you want to spend your next few precious years in Civil/District courts ? Put all pressure on your seller to close the matter ASAP 

Nagoor   18 July 2017

Thank Mr.Rajesh .

it's not a bank or any financial instutation . land lord took money from a normal person by signing on some stamp papers (not registed ) along with handed over the original patta ( Passbook .) . 

 

still not passbook is with him only .

 

kindly advice . thanks .


(Guest)

Then you are safe and the Landlord cannot enforce his debt on you. Had it been some bank or Financial Institution, you would have been in great trouble.

Now although it is a matter between the Lender and your seller and you are no way related to it. However, chase your seller and force him to close the matter otherwise the Landlord will unnecessarily drag you into the civil suite. 

Meanwhile, do all necessary steps to get your name reflected on the 7/12 extract / Khata so that you become the bonafide owner.

Consult a good property lawer in your area.

Nagoor   18 July 2017

Thanks Mr Rajesh It's helped me alot ....

Nagoor   18 July 2017

Thanks Mr Rajesh It's helped me alot ....

Nagoor   19 July 2017

Dear Mr Rajesh 

thanks again . 

Infact we are from Andhra pradesh  ..as you said above we have enquired Reg 7/12 extract from our MRO office ..but they simply said here in andhra pradesh we dont have such 7/12 but there is Pahani  \ Adangal ..

And upon our request , VRO Issued a Pahani (it has land details and it's signed by him )  under our names by checking our registration documents ..

Kindly Advice on below .

1) Is the obtained Pahani serve as 7/12 extract , if so are we in safe mode ...????

2) among this one of us want to construct a house there , if we go to bank for housing loan then will it be a problem ..? pls advise .

Thanks .


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