Hi Sir,
I need a legal advise on my property in Varanasi. Two adjacent residential plots of 1850 sqft each were purchased in 1987 on my and my mother's name. Only one plot was registered (mother's plot) and for other (mine) only payment was made but was not registered. Payment of both plots were made to a housing society which is dissolved now. My father made a mistake and built the house on unregistered plot in 1990 and took a home loan by submitting the registered deed document of my mother's land. So the house was built on the 1850 sqft plot which was not registered and loan collateral was my mother's land, the bank never inquired and homeloan was repaid,property taxes, electricity bills and water taxes were paid by mother's plot address.The house was recognised as her house. Nobody has ever troubled us for the deficiency.
I took education loan in 2007 and repaid it in 2014 and my younger brother has taken parallel business loan in 2009 where the second charge on the house was created. Collateral was my mother's plot with the assumption that house is built on it, this was possible because my father was at higher position in the bank.
After my mother's death in 2013, my younger brother has registered the unregistered land on which our house was built from the farmer whose grandfather has sold the land to housing society. And in 2014 after I repaid my education loan and my younger brother paid minimum amount to lift second charge from house, my younger brother sold the house . I am currently working in Bangalore since 2012 and therefore was not aware of my younger brother's cheating. Please advice me what legal actions I can take to reclaim the house.
One mistake my younger brother made was that in his registry in 2013 he has shown the vacant plot but house is there since 1990 also there are many loans that were taken against house since 1990.
