Abhi (Technical Lead) 23 March 2014

Parent property related query

Hi,

History

My grandfather has a land and house in which my parents and other family members are living. My grandfather passed away around 12 years back but my grandmother is still alive and staying in the same house. Couple of years back we got to know that the property papers are with bank as my grandfather took a loan in 1985 to build this house and he has not done the repayment of loan. Now my father and uncles (total 6 brothers) doesn't want to repay the loan and take the paper back. Recently, with mutual agreement between all the brothers, they have divided the land in 6 equal parts and I have built the house in my fathers part.

Question

Now that I have spend lot of money in that house, I am concerned if any of my uncle (in future) claims that the house belongs to him then I don't have any proof to show that this house belongs to me. Can you please suggest what shall I do to have some proof to show (10-15 years down the line) that the property belongs to my dad ?

Thanks

Reply Follow

4 Replies

adv.raghavan (Advocate,9444674980) 23 March 2014

when the title deeds are with the bank, how can you go for partition deed, that itself is null and void, the bank has all the right to call for auction at any, as your living in extended time from the bank. when there is no original title deeds, any body can play foul game in future, which cannot be confined to your query alone, so your primary concern should be to settle the bank and get the original title deeds. After retrieving documents from the bank you can go for partition deed with complete boundary details, that will solve lot of problems, otherwise you are inviting problem.

kavksatyanarayana (subregistrar/supdt.(retired)) 23 March 2014

Sri adv. Raghavan sir well said. pl.follow it.

Adv. Digvijay R Singh (ASSOCIATE ADVOCATE) 23 March 2014

well, first of whether there is any writing effected of the partition, if yes, it will be binding upon all the brothers...

since the loan of bank is unpaid....the right of bank to recover loan amount is intact, subject to law of limitation..

more importantly you must preserve all the documents, bills, receipts etc. and other payment records for building your house, which will be required in future in case of any litigation..

Abhi (Technical Lead) 23 March 2014

Hello Sir, Thank you all for your prompt reply. I will try to talk to my parents and uncle to repay the loan back and get the paper. In case they don't agree then I am not sure what can be done. However, I will keep paying my house bills and other govt payments regularly. Any other suggestion will be highly appreciated. Thanks