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nishanth kumar   20 February 2018

Mortgage land sold

Hi,

My grand father sold a land which is in mortgage. the person who sold he didn't pay the loan and the bankers has came to my home they stick some notice. but actually that house is owened by my name, also i bought it by my own money. my garnd father recently passed away...

can i take any legal action againest bankers?? because that mortgage is no way related to mine



Learning

 12 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     20 February 2018

Sir, Seek stay on the property immediately .... Warm Regards Kapil Chandna Advocate 9899011450,9911218741

R.Ramachandran (Advocate)     20 February 2018

You have not given the complete facts, right from the beginning.  You have given only select information, which you thought is necessary.

You have to state as to who was the original owner of the land?

Who mortgaged it and to whom it was mortgaged?

How your grand father got the property?

To whom your grandfather sold the property?

Who was having loan with the bank?

Unless you give information on all the above points one by one, it will not be possible to give any answer to your query.

nishanth kumar   20 February 2018

In 1994 my grand father bought land on sale deed, 1996 he mortgaged to society bank(primary aggriculture society i.e., PACS). In 2008 he sold that land to some X on sale deed. But no one else in family (father, mother, grand mother and me) signed in any document. Let me know if you need further info

R.Ramachandran (Advocate)     20 February 2018

You say "the person who sold he didn't pay the loan"
Here whom do you mean as the person who sold?

You say: "that house is owened by my name, also i bought it by my own money."

When your grandfather had already sold the property, how you owned the house? 

Did you buy?

If so from whom?

Is it from the same person who did not pay loan to the Bank?

If so, did you check up whether there was any encumbrance in the property?

 

nishanth kumar   20 February 2018

Let me explain clearly. 1. In 1994 My grand father bought an aggriculture land on sale deed. 2. He mortgaged that land in 1996 (PACS) 3. In 2008 he sold that land to some "X" person. The Person "X" had reserved loan amount and paid remainig to my grand father. Also "X" promissed to my Grand pa that he would pay the loan within a month but he didn't pay till now. We dont have any evidence for that. 4. As a grand child i bought new house 3years back (as we dont have a house earlier) with (my savings & debts by friends)my money which is earned through my job. 5. Bank people came to my house they has stick some notice to my house. My question is mortgage is a secured loan right? If they want to recover they can seal the land which my grand pa sold, why they came to me?? Only my parents just staying with me. Is that is the reason??

nishanth kumar   20 February 2018

Let me explain clearly. 1. In 1994 My grand father bought an aggriculture land on sale deed. 2. He mortgaged that land in 1996 (PACS) 3. In 2008 he sold that land to some "X" person. The Person "X" had reserved loan amount and paid remainig to my grand father. Also "X" promissed to my Grand pa that he would pay the loan within a month but he didn't pay till now. We dont have any evidence for that. 4. As a grand child i bought new house 3years back (as we dont have a house earlier) with (my savings & debts by friends)my money which is earned through my job. 5. Bank people came to my house they has stick some notice to my house. My question is mortgage is a secured loan right? If they want to recover they can seal the land which my grand pa sold, why they came to me?? Only my parents just staying with me. Is that is the reason??

R.Ramachandran (Advocate)     20 February 2018

To get this much fact, I had to repeatedly raise queries.

Why you and (persons like you) cannot post all the complete facts right at the beginning before putting queries?

Now compare your latest post and your first post.  You will realise that you did not provide proper facts at all in your first post.  Again, you have not stated the details of the notice pasted on your door.  You cannot afford to ignore like that.

The fact remains that your grandfather had not repaid the bank loan.  That's why the bank might have come to your doorsteps.

Better talk to a local lawyer, discuss the matter and take appropriate steps.

 

 

Kumar Doab (FIN)     20 February 2018

If the house in your name and property sold by your grandfather are different then you are right in asking why Bank/Credit society person came to paste the notice at house owned by you.

Probably the lender wants to recover from legal heirs….’

ASAP approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Civil matters and having successful track record…. with the said notice pasted on walls of house owned by you.

Also ask your grandfather if he is willing to clear the debt.

nishanth kumar   20 February 2018

Thanks for the response. My grand father is no more.. he passed away 1year back.

Kumar Doab (FIN)     20 February 2018

Was any estate left by Grandfather that devolved upon legal heirs?

Your stance is that the house in your name has NO contribution fro grandfather/estte of grandfather.

If legal heirs are willing they can pay the debt.

nishanth kumar   20 February 2018

No contribution from my grand father, he sold all the property when he was alive.

Kumar Doab (FIN)     20 February 2018

Contest the matter on merits.

Approach your counsel ASAP as already suggested.


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