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chandanchakraborty (Service)     28 March 2016

Registration of land by one legal heri

I purchased a land and registered with Registering authority by paying appropriate Stamp duty. Mutation of the land has been completed. The nature of land is Bastu. Now I approached to Bank for Housing Loan and being informed that my Land Deed is defective for executing equitable mortgage. The history of the land is given below: The land was in the name of Mr. X who died leaving behind four sons, A,B,C & D. Later out of four two sons, A & B also died. Legal heirs of A - wife, two sons and one daughter. And legal heirs of B- wife, three sons and one daughter. When I purchased the land, wife of A & B and C & D [C & D are sons of M. X] given me the registration. After one year of Registration, the Other legal heirs of A & B made an affidavit before Notary stating that they accepts the registration made by the respective mother. Here bank has raised the question and informed me that affidavit before a Notary is not acceptable in this regards. So, I am in problem. How my land deed will be a valid one documents for executing equitable mortgage?



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 1 Replies

adv.raghavan (Advocate,9444674980)     29 March 2016

In the absence of any valid partition deed, transfer effected by the above said people do not constitue valid transfer, the said legal heirs have to relinquish their respective rights over the property, if they happened to be minors, it will take a different dimension.


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