difference in land area in decree and mutation
Maseeh azam
(Querist) 30 March 2011
This query is : Resolved
Sir i got land through court decree through hiba 1956 sq ft,municipal corp also indicating area(rakba) 1956 sq ft, but mutation through anchal showing only 1624 sq ft so they given me land possesion certficate of 1624sqft only,but actually i have possesion of 1956 sq ft as per court decree,the karamchari of anchal told that according to their survey they have given you that are.
now my question is can i mortgage my land(regestered mortage)1624 sq ft as per anchal tax reciept and mutation area.
Bank has objected and send my paper to their lawer for impact of difference of land area on bank.
And panel lawyer are telling me to file in DCLR(comm land and rev).
Is the lawyer is doing right why they are not doing mortgage as per anchal and not according to decree.
3 I have applied housing loan through salary of me and my wife, both in job and also through income tax return.so area is not important as i think. going through DCLR simply delay my loan process.please guide
R.Ramachandran
(Expert) 30 March 2011
From the facts revealed by you, it appears you are happy even with 1624 Sq.ft. only (though you are entitled for 1956 sqft.) according to court decree.
As such, when you are mortgaging this 1624 Sq.ft. with the bank, neither the bank, nor the lawyer should have any problem.
Probably, the bank and its panel lawyer is only trying to take you for a ride. The lawyer should confine himself to only those portion of the property which is offered for mortgage and not about the rest which it has not been given to you yet. Yes, the bank and its lawyer may object only when you want to mortgage 1956 Sq.ft. but really only 1624 Sq.ft. is mutated in your name.
THIS IS NOT THE CASE IN YOUR MATTER. SO TELL THE BANK AND ITS PANEL LAWYER TO CONFINE ITSELF ONLY THAT 1624 SQ.FT. LAND WHICH YOU ARE TRYING TO MORTGAGE AND NOT ANY OTHER EXTENT.
Taking up the matter by you with DCLR is a completely a separate issue, and not at all connected with the mortgage which you are trying to do.
Maseeh azam
(Querist) 30 March 2011
The bank panel lawyer is agreed with learned expert opinion,but asked one question,1. when the question of surfacee,what will be?
