Loan fraud and how to stop father from land transfer?

Querist : Anonymous (Querist) 29 August 2020 This query is : Resolved
Hello dear EXPERTS,

My Grandmother had some acres of land in her name, She died 2 years ago and the Agricultural Land is still in my Grandmother's name.
The agricultural Land is ancestral in nature.
My Grandmother's land are adjacent to my (Grandmother's brother) Land.

A few days back we came to know that The ( Brothers of my grandmother) had taken the Loan on their Land as well as the on the Land of my grandmother too.

MY QUESTION IS- MY GRANDMOTHER IS DEAD AND THE LAND IS IN MY GRANDMOTHER'S NAME, HOW CAN THEY TAKE THE LOAN ON MY GRANDMOTHER'S LAND.

1. ISN'T IT ILLEGAL?

2. WHAT TO DO NOW?

.............................................................................................................................................................................

I HAVE ONE MORE QUESTION.

MY FATHER IS SAYING THAT HE WILL GET THE LAND TRANSFERRED IN HIS NAME AND THEN LATER GIFT IT TO (GRANDMOTHER'S BROTHER.)

AND WE ARE AGAINST THIS STEP.

3. IS IT POSSIBLE FOR MY FATHER TO TRANSFER THE LAND TO MY (GRANDMOTHER'S BROTHERS)
WITHOUT OUR PERMISSION??
* SINCE THE LAND IS ANCESTRAL

4. HOW TO STOP HIM??

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Rajendra K Goyal (Expert) 29 August 2020
You said:
MY QUESTION IS- MY GRANDMOTHER IS DEAD AND THE LAND IS IN MY GRANDMOTHER'S NAME, HOW CAN THEY TAKE THE LOAN ON MY GRANDMOTHER'S LAND. 1. ISN'T IT ILLEGAL? 2. WHAT TO DO NOW? I

Reply:

On the face it seems fraudulent, ask for copies of documents from Bank or lodge complaint with the Head Office of the Bank.

If you are confirm that the said land is mortgaged against the loan, legal heir can move to court for appropriate relief and punish the Banker also.

Rajendra K Goyal (Expert) 29 August 2020
You said:
MY FATHER IS SAYING THAT HE WILL GET THE LAND TRANSFERRED IN HIS NAME AND THEN LATER GIFT IT TO (GRANDMOTHER'S BROTHER.) AND WE ARE AGAINST THIS STEP. 3. IS IT POSSIBLE FOR MY FATHER TO TRANSFER THE LAND TO MY (GRANDMOTHER'S BROTHERS) WITHOUT OUR PERMISSION?? * SINCE THE LAND IS ANCESTRAL 4. HOW TO STOP HIM??

Reply:

How the land is ancestral?

Property inherited up to four generations of male lineage, which means father, grandfather, great grandfather and great-great grandfather is called ancestral property. It should have remained undivided till the fourth generation upwards.

Please confirm whether the property is ancestral in view of above conditions.

Whether your father is only legal heir of your grandmother?

If the land is ancestral, you have right in it from birth, your father can not move to transfer it without permission of all coparceners. You can move to court for a stay.

Querist : Anonymous (Querist) 29 August 2020
Yes, sir, Land is Ancestral and Thank you so much for clarifying my Doubts.

Dr J C Vashista (Expert) 30 August 2020
I fully agree with the opinion and expert advise of Mr. Rajendra K Goyal, qua status of the agricultural land stated to be owned/ inherited by your grandmother, which you did not clarify against a relevant and question raised by the expert.

Whereas, I disagree with you Mr./ Ms. Anonymous the qua property inherited by your grandmother is not "ancestral" as repeatedly stated by you since she is not male descendant of her father, grandfather and great-grandfather.

Dr J C Vashista (Expert) 30 August 2020
How does a financier/ Bank advance a loan to the brother of your grand-mother hypothecating the property where he is not the title-holder as stated by you?

Dr J C Vashista (Expert) 30 August 2020
Consequent upon transfer of title (ownership) of the property in the name of your father, he will be competent to dispose it of as he desired since status of the property shall become his "self-acquired" and not ancestral, where objection from any one else shall not stand/ not maintainable.

Sudhir Kumar, Advocate (Expert) 30 August 2020
whether loan is taken from govt bank. If so it will increase severity of crime.

Rajendra K Goyal (Expert) 30 August 2020
Agree with the expert Sudhir Kumar, criminal case can be lodged against the person involved.