Title of land
Vikas
(Querist) 04 January 2014
This query is : Resolved
We are from Jharkhand.We are two brothers and my father are also two brother.My grandfather purchase a land at City. after his death my uncle built a shop on that land(half of land, i.e one his share).I want to make clear that any partition deed or will is not made for that.he built the shop as a natural bifurcation.Now we have half of land. Now we want to let-out the half land to Bank. Bank require a Clear title of Land. Problem now starts here, I just want to know-are we have a clear title of land(without Signature of uncle).In between from Circle office(Registry dept) we muted the property in the name of my father(Name Transfer from Grandfather to my father and uncle separately).
Neema
(Expert) 05 January 2014
from your query it is understood that your father and uncle are having equal undivided share(UDS) over grand father's property.
It cannot be identified which portion is your father's and that of uncle's.
for bank loan, at the most your father can mortgage 1/2 UDS of the land without your uncle's sign, if Bank is willing to lend analysing credit feasibility.
or else it is better to have a partition deed registered giving clarity to shared area in each of their name as per schedules.
