7/12 mutation
Adv Vikramsinh Mohite
(Querist) 05 April 2013
This query is : Resolved
Hon'ble Experts,
In the year 1999, the property of our grandmother was partitioned as per the compromise decree of court and four parties are cultivating the land since then. However, the decree was not mutated. Taking advantage of this, based on 7/12, one of our uncles forced grandmother to borrow loan from the period 2003 to 2012 decree and he used that loan for personal gains. The 7/12 is showing loan of Rs.6 lacs in the name of grandmother.
Now following dispute, we have sent application for mutation to Talathi. The property is in Maharashtra. Kindly advise as to:
1. What will happen to the loan in the records of talathi when enters mutation as per the 1999 decree? We are afraid it will come in our name.
2. Who will be liable to pay loan?
3. Can Bank take objection for 7/12 mutation as above?
4. What should we do to avoid that loan coming to our name in 7/12 mutation.
Kindly advise.
Pradeep MK
(Expert) 05 April 2013
Dear CS Vikramsinh,
You may bring to the notice of the bank that entire property does not belong to your grandmother and she has only limited interest in it.
She cannot mortgage or create charge on the entire agricultural land without the consent of others due to decree.
In case the bank is filling any suit in the court you may to appear in the said suit and oppose the relief claimed by the bank.
In my view you will not be liable nor your property is liable for attachment for the due payment of the loan raised by your grand mother.
From the beginning you have to be very careful in replying and defending the notices issued by the bank
Vidhi Joshi
(Expert) 06 April 2013
agree with Mr. Pradeep
Adv k . mahesh
(Expert) 06 April 2013
give all points clearly to your lawyer and briefly explain about the situation
Raj Kumar Makkad
(Expert) 06 April 2013
Why were you sleeping since 1999 till day when a decree for partition had specifically been passed?
The banker had advanced loan on the basis of entry of ownership being depicted in the then 7/12 extracts. As the loan has been obtained over the entire property, the loan shall also be shown accordingly. Banker is not at fault. If you all have been lethargic then you cannot shift its onus over bank. Every co-sharer is liable for the repayment.
Shashikant V. Patil
(Expert) 08 April 2013
Despite compromise and partitioned of the said land gut, it is lapse and negligencies on all co-owners part. The effect of partition not mutated and hence 7/12 remains as it is as before your compromise partition. Over and above, one of co-owner forced grandmothe to borrow a loan on the said property , but in case of death of grandmother all are liable to pay the debt/loan.
