Property rights

Querist : Anonymous (Querist) 14 December 2011 This query is : Resolved
A has 3 sons(B,C,D)and partioned property equally among them.D died accendently and part of property came to his mother then she sold that to her son C.C is my father. C took tractor loan by keeping the property in bank.loan is not paid still and case is running on that.then B's son by cheating registered that property from my father C.I was not knowing this,i came to now recently.i have not signed in any papers.He sold that property now to some one.
1)Is that i don't have rights on that property.
2)as bank loan is not cleared,on who's name will the property be.
3)Is there any ways i can proceed,please someone help me.

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Raj Kumar Makkad (Expert) 14 December 2011
1. As that property was self acquired of your father, you have no claim thereon.

2. Property if was mortgaged is having first lien of bank and even if the same was sold by your father to the son of B and subsequently by him to some other person, the right of bank to take the same in its possession and to recover its loan therefrom is intact.

3. You can stop paying any installment of loan and can pray bank officials to recover their dues from the sale/auction of property only then you can get your property back.

prabhakar singh (Expert) 18 December 2011
I agree with Mr. raj kumar makkad

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