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malathi (J)     06 November 2011

Ancestral properties are pledged without my knowledge?

Hello Sir,

https://www.lawyersclubindia.com/forum/Ancestral-property-rights--34386.asp

With respect to my ancestral property and others derived from it, I filled a case against my father & brothers who are not willing to give my share. However, recently i came to know that some of the ancestral properties are pledged in SBI bank for my brother's business loan without my knowledge & signature.  

1. Is it legal to pledge a ancestral property without all members signature ? It is likely my brother never shared my name in the SBI bank while pledging and prepared legal opinion according to that.

2. If it is illegal, do i need to file case against SBI ? can I ask SBI to freeze the account or release my pledged ancestral property immediately ?

3. To get the exact pledge details, shall i file a RTI application to see my property info in the SBI bank?

Thanking you,
 Malathi.



Learning

 3 Replies

N.K.Assumi (Advocate)     06 November 2011

I am of the view that unless there is a partiion or a Release deed ancestral property can not be mortgaged without the consent of other party who has a share in the property. You have to check whether your share is included in those property. Bank usually obtain non encumbrance certificates before accepting such property as mortgaged  property for loan.

1 Like

Rajeev Kumar (Lawyer/Advocate)     06 November 2011

I agree with N.K. ASSUMI

malathi (J)     07 November 2011

Thank you very much N.K.Assumi & Rajeev Kumar. To shed more light on this,  my father had two wives. I am the daughter of his 1st wife and all my brothers are from his 2nd wife.  Some of the ancestral properties are transferred to my brothers name before 2004 and some of them after 2005. 

I  filed a case against my brothers for my shares - including the transferred property before 2004 to my brothers name; I am in the view that those properties (transferred before 2004) are also ancestral properties, but patta had been transferred to my brothers name, so i have complete rights in that properties too.  Of course, few properties had been disposed after 2005 without my sign, so i have sent a legal notice to those who purchased ancestral properties. TAlso all the money had been invested in family business & business is still running on the land which is also an ancestral property; but till now i didn't get any share from business.


It is very much likely - almost 100% - that my brothers would have never mentioned my name in the bank or revealed they are from second wife. So SBI would have accepted property as they are doing very good business with SBI. Shortly, i am filling RTI to get the complete list of details. What kind of strong action i can take agaist SBI bank? Because all the legal opinion and encumbrance certificates submitted to SBI must be considered illegal. After getting complete detail from RTI, can i ask SBI to freeze the account & release my ancestral property immediately ? If i want to get an immediate remedy, is there anyway to get an injection from court? 

 

Thanking you,
 Malathi                    


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