Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Land - locked property

(Querist) 16 December 2013 This query is : Resolved 
My father purchased a land in 2004. He passed away last yr due to cardiac arrest... The land is in my father's name..... Due to financial issue we decided to sell the land...... The land brokers in tht area is saying tht, our is an land locked area so the price of our land is very low as concerned to other land in tht area........ Sir plsz help us in this land locked property...... The broker is saying tht thrs no rd or way to get into your land you r packed by other lands....... Plsz give as a solution to make a way to enter into our land...... is my id
T. Kalaiselvan, Advocate (Expert) 17 December 2013
The broker may tell thousands, find out a real estate agent from a distant place, have his opinion and decide about what to be done next.
Senbagam mani (Querist) 17 December 2013
Sir, one of a real estate agent in tht area has purchased our nr by areas, n he is saying other than me, no one else can buy ur land.....
Senbagam mani (Querist) 17 December 2013
Real estate agent is asking our land for least cost...... Reason it's land locked property.....the agent is saying tht, " u hav to sell it to me no one else can buy your land, as I hav purchased ur nr by lands...... I vil not allow any other person to buy ur land........ " Sir i
Need a legal advice n solution for our land
prabhakar singh (Expert) 17 December 2013
Often realtors do it.It is their business and business means profit.You should have thought earlier about what approach roads or ways to your land is and should have managed to buy some land approaching upto main road.
However,you have a right called 'easement of necessity'which court awards when there is no approach in alternative.So when builder shall do plotting of land purchased by him surrounding your land,he would provide for roads and over one of the so provided roads you would be able to claim easement of necessity.
Hence if the builder has already developed land surrounding you and has provided roads then file a suit to claim easement of necessity.Else you need to wait but if you are in hurry to sale your land then of course you would not get buyers so easily
on market rate.
malipeddi jaggarao (Expert) 17 December 2013
First of all examine the registered document of your father. In the schedule of property who are the neighbours of four sides. There would be a plan attached to the schedule of property. It may contain approach road. Make an inspection to the site and find out the plots of neighbours. You will come to know whether the the person who is asking your site at low rate is correct or not. Next step is to wait and see what the neighbors are going to do in the near future. At that time follow the advice of Mr.Prbhakar Singh.
Some times, it so happens the person who is approaching you, might be requiring your piece of land desperately to execute his own plans about plotting and selling etc. If you are in a hurry, you are the looser, if you can wait for some time, may be you will the gainer. Wait and see.
Vidhi Joshi (Expert) 17 December 2013
agree with prabhakarji ..claim for easement.
Rajendra K Goyal (Expert) 17 December 2013
Agree with the advise of prabhakar singh ji.
If you have the capacity to retain, retaining would be beneficial. After development of the surrounding your land would be having more value than theirs. Otherwise no other alternate but to agree to the proposal of the real estate agent.
Senbagam mani (Querist) 17 December 2013
Thank u so much kalaiselvan sir, property Singh sir, Mallipeddi sir, Rajendra sir n clone sir.......
Senbagam mani (Querist) 17 December 2013
Sir, as m in a financial need other than selling tht land......can I take loan frm bank on tht land name?
ajay sethi (Expert) 17 December 2013
yes you can . if you are owner of land and your title is clear you can mortgage your land and get loan from bank
ajay sethi (Expert) 17 December 2013
if land is in your father name and he is dead you have to get mutation done in your name .
Senbagam mani (Querist) 17 December 2013
Vil I get loan on landlocked area in bank?
ajay sethi (Expert) 17 December 2013
title of land should be clear . valuation of land will be done . based on valuation report you will get loan
Senbagam mani (Querist) 17 December 2013
It's in dad's name.... Now is it better to change tht to my name or my mom's name? In order to get loan frm bank?

T. Kalaiselvan, Advocate (Expert) 17 December 2013
If it is your father's self acquired property, all his surviving legal heirs to succeed his intestate property have a right and share in the property hence all the heirs should sit and talk about getting the property transferred on one individual's name by rest of all others executing a Release Deed in favor of such person relinquishing their title, the so registered document will confer title to that individual who can apply for loan from bank or any financial institution.
malipeddi jaggarao (Expert) 18 December 2013
If the plot is really land locked without approach road, Banks will also hesitate to give loan against such properties.
Rajendra K Goyal (Expert) 18 December 2013
There is doubt that Bank would give loan by mortgaging land. It gives for construction, development, production etc. Personal loan depending upon your monthly income can be given which is not linked with mortgage of property. Reverse mortgage loan is for senior citizen.

You may search alternate buyer which may be competitor.
Senbagam mani (Querist) 22 April 2014
Thanks 2 all..... thanks a lot n all the
solutions were usefull.
V R SHROFF (Expert) 22 April 2014
It's business, and Land mafia make it a full proof profit..
you must wait for few years.
malipeddi jaggarao (Expert) 23 April 2014
You are welcome dear.

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