bank loan
rob
(Querist) 14 August 2016
This query is : Resolved
I have joint land holdings in agricultural land with my uncle in Punjab. My uncle has taken loan of rs 20lakhs from uco bank which is written in 2009-10 jamabandi, but later died and patwari of village transferred land share to his sons and wife . I think he doesn't informed bank, because in new jamabandi 2014-15, shows my uncle name that he has loan of 20lakhs, but his son and wife holds his land share. Please tell this is legal or illegal. What action we can take and it comes under what rules. Will it affects other joint land holders. Patwari and tehsildars are corrupt.
Devajyoti Barman
(Expert) 14 August 2016
I am not clear with your query.
If you have joint undivided share in the land then your share is equally encumbered with Bank.
However you can avoid that if it is shown that your uncle has mortgaged the undivided land beyond his share.
On his death the name of his legal heirs will appear on paper.
Specify your actual dispute.
Rajendra K Goyal
(Expert) 14 August 2016
Have you signed any document with the Bank while your uncle took loan?
If not, you uncle has taken loan on his un-divided share, it is concern of Bank to recover not yours.
The land record has been changed in the name of legal heirs, if loan not paid, Bank has charge over land.
Better ask all documents from the Bank and the Tehsildar in the capacity of co-owner of the mortgaged land through RTI and get these checked through local lawyer.
R.K Nanda
(Expert) 14 August 2016
Contact local lawyer
Kumar Doab
(Expert) 14 August 2016
You can benefit from the advise of experts.
Narrate clearly what exactly is your dispute!
M V Gupta
(Expert) 15 August 2016
Transfer of ur uncle's share to his legal heirs (wife and son) is legally valid. It is for the Bank to get the transfer recorded in the jamabandi. Even if the jamabandi record is not changed the Bank's rights as mortgagee of the property is not affected as it is separately evidenced by the loan documents/mortgage deed executed by your uncle. U have to however satisfy urself that the mortgage created by your uncle is not on the whole of the property but is on the undivided share of ur uncle.
adv.bharat @ PUNE
(Expert) 15 August 2016
I am not clear with your query. If you have joint undivided share in the land then your share is equally encumbered with Bank. However you can avoid that if it is shown that your uncle has mortgaged the undivided land beyond his share. On his death the name of his legal heirs will appear on paper. Specify your actual dispute.
