Who is the legal owner of the said land
Guest
(Querist) 14 January 2016
This query is : Resolved
ARUN received a property/land through gift deed in 1995.
His brother RAJ wanted to take a loan from bank in 2002 after pledging the above land of Arun’s. Arun waived away his rights on the said property through a 100rs stamp paper. RAJ got the loan sanctioned after pledging the same land. In 2011 RAJ had fully repaid/settled the loan.
In 2016 there arises a dispute for the same land between ARUN and RAJ.
ARUN approaches court with the gift deed of 1995. RAJ counters with above mentioned 100rs stamp paper.
WHO IS THE LEGAL OWNER OF THE LAND AND WHY?!
rajagopal.s
(Expert) 14 January 2016
Arun is still the owner. Any property transfer should be done by registering the same at Sub-Registrar office after payment of appropriate registration fees and stamp duty. Conveyance through mere 100 Rupees stamp paper is invalid in eyes of law. Raj may have taken a loan and repaid the loan. However the property of the arun was the underlying security for the loan and it was the duty of Raj to repay the loan and redeem Arun's land.
Kumar Doab
(Expert) 14 January 2016
Resolved.
The query has been repeated.
Advocate Bhartesh goyal
(Expert) 14 January 2016
Mr rajagopal.s is absolutely right.Arun is owner of the land.valid transfer of immovable property requires compulsorili it's registration in the office of Sub-Registrar.
Guest
(Querist) 14 January 2016
Sir…Thanks for the reply.
I would like to clarify few more points.
1.NEITHER did ARUN transfer the property.
2.NOR was ARUN a collateral to the loan.
RAJ while taking loan pledged the land and bank officials wanted confirmation of ARUN/his brother (stating that he has no rights/claims over the pledged land), Bank wanted to confirm RAJ has the power to pledge the same. RAJ produced through 100rs stamp paper ARUN has no right over the pledged property which was duly signed by ARUN…And bank officials accepted the same and granted loan.
DOES THIS INFORMATION CHANGE ANYTHING?!
NB: IF I OWN A PIECE OF LAND AND WISH TO REFUSE MY RIGHT/CLAIM OVER THE SAME LAND...WHAT IS THE PROCEDURE
THANKS
Guest
(Querist) 14 January 2016
ALSO could/couldn't bank have disposed the property of ARUN in case RAJ did not pay back the loan?!
NB:BANK ONLY HAD A 100RS STAMP PAPER SIGNED BY ARUN STATING HE HAS NO CLAIM OVER THE PLEDGED LAND.
Guest
(Querist) 15 January 2016
PLEASE DONT REPLY STATING REPEATED QUESTION/ RESOLVED EARLIER ETC...IF AT ALL YOU FEEL SO BEING SILENT CAN MAKE WAY FOR OTHER PROFESSIONALS TO RESPOND, GIVING RISE TO A MULTIFACETED REVIEW/ANALYSIS/OPINIONS WHICH IN TURN IS THE OBJECTIVE OF THIS FORUM I SUPPOSE...BE KIND ENOUGH TO ADDRESS THE ISSUE IF POSSIBLE OR IGNORE.
Hemant Agarwal
(Expert) 15 January 2016
1. "IF" mutation based on Gift Deed was conducted in favor of ARUN, THEN Arun is the absolute Title-Owner of the property.
2. The 100/- stamp paper can be safely flushed down the sewage drain, since the so called "Arun waived away his rights on the said property through a 100rs stamp paper", is legally not tenable and invalid ab-initio, in any way whatsoever, "irrespective" of the bank loan being clandestinely sanctioned based on such "100rs stamp paper". Any loan and then claim on the property based on such "100rs stamp paper", is a financial fraud and the bank itself can be criminally prosecuted, for honoring such clandestine documents
3. The Bank could conduct recovery proceedings against ARUN, only "IF" Arun had documentarily stood collateral guarantor for the loan of Raj, that too only after following due procedure of law, firstly against Raj.
4. "NB: IF I OWN A PIECE OF LAND AND WISH TO REFUSE MY RIGHT/CLAIM OVER THE SAME LAND...WHAT IS THE PROCEDURE".
- Well, the above is a joke.
- The piece of land is not a stale bread.
- Nobody refuses his rightful claim on a property, unless the person is of unsound mind.
- Here "refusing" means, the "piece of land" has been forcefully thrust on the owner.
- Instead of "refusing" the hallucinated right/claim, the owner, with due proper application of mind, may relinquish /gift /sale the so called piece of land.
FURTHER:
All guidance /opinion given on this forum are on suggestive & obligatory basis, having no legally enforceable value. Hence it would not be open to the querist (Praveen) to suggest /direct "anything" to the experts herein. Kindly note so.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
Guest
(Querist) 15 January 2016
AT LAST!...DULY APPRECIATED THE EFFORTS.
AND AM OUT OF ANY QUERIES FOR OPINIONS... IMPOSSIBLE!!!
Rajendra K Goyal
(Expert) 16 January 2016
No reply to query from member account deleted.
Kumar Doab
(Expert) 16 January 2016
Member deleted account.No reply.
