Krishna Murari 19 April 2025
Hello sir,
My name is krishna murari from Mathura district. My father has joint agriculture land with my elder uncles. My both elder uncles have taken loan against joint agriculture land without informing or consent of my father. Now, my father is no more and when I applied for my name on this joint agriculture land, I came to know there is a loan against this property and I even hadn't idea about such. I want to file case. Please guide me.ред
T. Kalaiselvan, Advocate (Advocate) 19 April 2025
Since the property is under loan then it becomes the duty of the borrower to repay the loan.
If your father was not one of the borrowers then you can file a suit for partition seeking division of property into number of shares and to allot you one such shar4 that belonged to your father.
No doubt the bank has to be impleaded as one of the necessary parties to the suit but you may insist that since your father was not the borrower hence his share in the property to be released by a court order for partition and to allot you the same.
R.K Nanda (Advocate) 19 April 2025
File partition suit in court to get your share in property.
Dr. J C Vashista (Advocate ) 21 April 2025
How does the financial institution / money lender has provided loan to your elder uncles without consent of all stakeholders of the "joint agriculture land"by mortgaging it where your deceased father was one of the titleholder ?
Whether your father knew (but not taken his consent as stated by you) about the loan taken by his siblings?
Did you inspect / verify the loan records, wherein consent/ signature of your deceased father do not appear ?
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