Legal Question in Real Estate Law in India
We have a property in the name of my grandfather where on my father's sister has taken a property loan in lieu of handing over registry paper to the Bank.in spite of registry held up with the bank.This property has got been transfered my elder uncle sons(tau ji sons)which should not be possible as the property was engaged with bank.There is no transfer record available (degree)at mini sect.
Now plz suggest whats the solution of this matter and what action i should take to get back my property.looking for an early reply from your side.
Name:-Rohit Bhatia
Phone No.98122-15625
2 Answers from Attorneys
declaration of ownership and title and also seek injunction from the court against tau family and the bank.
Sir, firstly, the facts do not reveal whether the property was the self acquired property of your grandfather. Secondly, if grandfather died leaving a WILL or without any Will.
Assuming that your father, your father's sister and your elder brother all had right ( which assumption will surely depend upon the answers to above facts) it was not possible for your bua ji (father's sister) to do an equitable mortgage with the bank without your father's consent, unless the mortgage was to the extent of bua ji's share in the property.
It is also not clear whether your tau ji got the rights by way of a registered deed or some document interse your father's brother and sister.
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