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Pradeep (na)     20 September 2021

Loan on agriculture land

Dear Learned Lawyers,

1. My friend bought Agriculture land which had some  loan on it. (Rs.2 lacs) 

2. Seller promised to repay the loan and it was recorded in the registered document (GPA / Sale Deed)

3. Seller has not paid the amount so far, the land was 10 guntas , my friend has purchased 5 guntas

4. Now Khatha process is over and in online PHANI the loan is reflected in both land records (Rs.2 lacs on both partitioned portions) 

5. What should my friend do now  in case seller doesn't pay it ? 

6. Can my friend approach land records department and produce documents and request for transferring loan to seller portion only ? 

7. Can my friend defend if the seller does mischief ? 

 

Thanks in Advance 

Pradeep 

 



 6 Replies

Dr. J C Vashista (Advocate and Legal Consultant)     20 September 2021

There is still encumbrance on the land stated to have been purchased by "your friend" where you have no / least concern. The purchaser is liable for the loan.
1 Like

G.L.N. Prasad (Retired employee.)     20 September 2021

The buyer has to take such precautions and should keep a certain sum into consideration and the purchaser ought to have repaid such retained amount, after clearing the entry in revenue records. There is no mischief in the transaction as both are aware of the loan. The land is encumbered and your friend has taken a risk. Advise him to contact a local advocate for a remedy.
1 Like

Shashi Dhara   20 September 2021

Keep quiet ,what both mortgagor and mortgagee do.
1 Like

G.L.N. Prasad (Retired employee.)     20 September 2021

If your friend is in possession, let him enjoy possession and defend when a suit is filed in the future.
1 Like

Pradeep (na)     20 September 2021

Thanks for reply Sir

P. Venu (Advocate)     20 September 2021

The facts posted are less than convincing.

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