Lien mark on equitable mortgage secuirty iin punjab
joginderkumarca
(Querist) 17 November 2011
This query is : Resolved
hello sir,
Please help me on the following issue regarding Punjab Jurisdiction:-
- A bank taken a property (non agriculture land & building) in punjab area on equitable mortgage basis. After sanction of loan they want to apply for lien mark on the said property as such they will be prevented from any kind of fraud.
- As such they apply to Tehsildar for lien mark and similarly Tehsildar send it to Patwari, however Patwari reject the same and said they does not lien mark for Equitable Mortgage Property.
Now my question is that whether in Punjab Jurisdiction lien mark is not done for equitable mortgage property and if lien mark is mandatory then why Patwari is not making lien mark.
Please guide me with the help of suitable case laws, if any.
Waiting for reply.
Raj Kumar Makkad
(Expert) 18 November 2011
AS the property is situated within city area, the record of which is not maintained by Patwaris in Punjab rather it is maintained with Municipality. Tehsildar has wrongly sent the application to Patwari rather to municipal authorities so again put application before concerned Tehsildar and seek direction for marking with municipality.
It is pertinent to mention here that NOC from municipality is mandatory to be annexed while registration of sale/gift/relinquishment deed.
