• Mortgaged agriculture land

Sir my father mortgaged 4acres of agriculture land andhra pradesh in1989. That land my father sold to govt.of a.p in 2006. The sale deed conditions vender declared that any attachment lien or any court or persons whatsoever.I released mortgaged land with registered mortgage release deed in2016.
What are legal process.plz..with details
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 1 hour.

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10 Answers

Sir file a suit to set aside the sale on ground that the property was mortgaged and the owner without the consent of the legal heirs sold the property. The property was already mortgaged and the owner sold it by wrong declaration and by fraud.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

This property is not earned by your father so he can not sell it to anyone. According to succession law you and your brothers are legal heir of your grandfather's property.

you have to a file civil suit in honble court.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

If the property is ancestral property in that case it cannot be sold with the consent of the legal heirs however the nature of the property need to be ascertained.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You have not stated whether the mortgage loan was redeemed or liquidated?

If he mortgaged the property to government of AP in the yer 1989 and has not redeemed or not discharged the mortgage loan after 12 years also it will automatically stand liquidated.

He has again sold the same land to AP government in the year 2006, hence where is the land now for mortgage once again in the year 2016?

You are not clear in what you want to say or want to clarify?

Please consult a local advocate with all relevant documents and get the desired clarification and suggestions for any legal course of action in this regard.

T Kalaiselvan
Advocate, Vellore
90290 Answers
2512 Consultations

Sold land also ancestral land .my father sold that without concent of 2sons .my died in 2017, what are legal steps to take..what is concent for ancestral land.

How do you say it is ancestral property?

Your grandfather's property will not become ancestral property.

If you still feel that this is ancestral property then you may file a partition suit and separate possession of your legitimate share in it.

T Kalaiselvan
Advocate, Vellore
90290 Answers
2512 Consultations

Land is sold by father to govt of AP in 2006 .

Govt would be absolute owner of said land

3) if it is ancestral land sons should file suit to set aside sale of land

Ajay Sethi
Advocate, Mumbai
100087 Answers
8173 Consultations

You have to prove that it is ancestral land and sale was done without consent of you and your brother

ThT fraudulent sale was discovered on your father demise

Ajay Sethi
Advocate, Mumbai
100087 Answers
8173 Consultations

1) Once the property is registered and lien with the bank the owner can't sale the property, so how transcations took place.

2) Need to read both agreements.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

you need to file the writ petition in HC, if the sale deed bars you to the court remedy. you can first try to exercise the remedy to file suit for cancellation of sale deed.

Prashant Nayak
Advocate, Mumbai
34747 Answers
252 Consultations

Hi,

Your query is not clear and in this condition, proper advice not feasible on my part.

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

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