Agri land purchased without claring bank loan
RAVI
(Querist) 02 April 2017
This query is : Resolved
Dear sir,
I Purchased dry agri land and registered in sub-registrar office 8 moths back. The seller had total 24.04 Acre land and out of it I got 8 Acre and another person 3 Acre & seller kept 13.04 Acre to his own now.
We made a mistake that,registered without clearing the bank loan of approx.. 5 to 6 lakhs. Now our name entered in all land records like RTC form no:16 & MR. Land podi & hissa also made properly. Now we have started using land & taken one crop during last rainy season. When we demand to close the loan of land, seller is trying to cheat us as he is asking loan amount from us. If not he want to put RTS case from loanee bank to recover loan amount or land auction..
Is there any chances of cancellation of registered land by bank???
Can u please clarify my doubt on this query..
Thanks
Ravi....
H.M.Patnaik
(Expert) 02 April 2017
In case the purchased land stood mortgaged to the bank by way of regn. of charge, in that case transfer of title will not be possible. In case the transfer of title was effected fraudulently, in that case also the previous owner will be taken to task by appropriate court.
RAVI
(Querist) 02 April 2017
Dear Patnaik sir,
Thanks for ur reply..
Pls confirm can I put a cheating case on seller and as well sub-registrar (govt officer) who allowed registration without clearing the bank loan ?? which should not be allowed....
T. Kalaiselvan, Advocate
(Expert) 03 April 2017
You can lodge a complaint against the vendor for cheating you with the documents fabricated for wrongful gains.
You cannot take action agaisnt the sub-registrar who registered 100s of cases every day and it will not be possible for him to check each and every case, also he has not committed any fraud in this.
All such types of problem will arise only when the buyer hesitates to shell ou a few amount on a lawyer towards his fee for a legal opinion that should have been obtained before venturing into the purchase.
Now that expenses due to that omission is 100 times manifold.
Adv. Yogen Kakade
(Expert) 03 April 2017
The sale deed of the land executed by you need to be seen. Whether there is any clause of the encumbrances or the liability of the seller towards the same?
RAVI
(Querist) 03 April 2017
Dear Yogen Kakade Sir,
Thank u for reply..
The sale deed which was executed during land registration, the following clauses are there....
1)Seller has to clear encumbrances on his own cost at any cost..
2)If there is any family issues or disputes, seller has to defeat all things on his own cost.
3)Seller sole responsibility to hand over the land without any issues..
RAVI
(Querist) 03 April 2017
Sir,
What is RTS case ?? and how does it is going to effect in this case.
And one more thing he planning to move a objection letter from his sister demanding that she wants some portion of the sold out property. Demanding on the basis of his ancestors property.
I want to know that with his plan he is going to lose his own land ?? instead of may land ??? Because still there is 13.04 acre in his hand with same RSN.
Dr J C Vashista
(Expert) 04 April 2017
If the vendor did not disclose encumbrance, which you have also missed, issue a notice for making payment qua the loan amount and obtain "No dues" and "Non- encumbrance" certificate. The vendor has to indemnify the damage/losses etc.
RAVI
(Querist) 04 April 2017
Sir,
What is RTS case ?? and how does it is going to effect in this case.
And one more thing he planning to move a objection letter from his sister demanding that she wants some portion of the sold out property. Demanding on the basis of his ancestors property.
I want to know that with his plan he is going to lose his own land ?? instead of may land ??? Because still there is 13.04 acre in his hand with same RSN.
Rajendra K Goyal
(Expert) 05 April 2017
Try to have amicable settlement with the seller.
In the given facts agree with the expert T. Kalaiselvan, Advocate.
RAVI
(Querist) 05 April 2017
Sir,
I am expecting answer for following ... can any body ???
What is RTS case ?? and how does it is going to effect in this case.
And one more thing he planning to move a objection letter from his sister demanding that she wants some portion of the sold out property. Demanding on the basis of his ancestors property.
I want to know that with his plan he is going to lose his own land ?? instead of may land ??? Because still there is 13.04 acre in his hand with same RSN.
RAVI
(Querist) 11 April 2017
Sir,
I am expecting clarification on this. Please reply me....
What is RTS case ?? and how does it is going to effect in this case.
And one more thing he planning to move a objection letter from his sister demanding that she wants some portion of the sold out property. Demanding on the basis of his ancestors property.
I want to know that with his plan, he is going to lose his own land ?? instead of may land ??? Because still there is 13.04 acre in his hand with same RSN.
bhagwat patil
(Expert) 12 April 2017
RTS case ia appeal to revenue authorities RVENUE TECHNICAL specialist .....Appeal and appellate authorities.
(1)In the absence of any express provisions of this Code, or of any law for the time being in force to the contrary, an appeal shall lie from any decision or order passed by a revenue or survey officer specified in column 1 of the Schedule E under this Code or any other law for the time being in force to the officer specified in column 2 of that Schedule whether or not such decision or order may itself have been passed on appeal from the decision of order of the officer
specified in column 1 of the said Schedule.
Provided that, in no case the number of appeals shall exceed two.
(2)When on account of promotion of change of designation, an appeal against any decision or order lies under this section to the same officer who has passed the decision or order appealed against, the appeal shall lie to such other officer competent to decide the appeal to whom it may be transferred under the provisions of this Code.”
