My father have ancestral 16 Acre agricultural land in a village in UP. He has distributed the land among me and my younger brother. I have two elder married sister. My mother is living with me and my father sith my younger brother. My father taken 18 lacs loan on this land and given to my brother. I want to file objection in SDM / Judicial court. Please guide under which rule I can file objection so that further loan could not be taken and land could not be sold by my father. My mother and sisters are ready to sign the application with me.
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Please note that the answer still land cannot be sold without the no objection certificate of all the interested parties similarly alone cannot be taken by placing the property.
You can file a civil case in the district court for injection orders in this regard
1) you have statedthat land was distributed between your brother and you
2) whether it was done by registered agreement
3) if father had taken loan on said land inform the lender that father is no longer owner of land
4) seek an injunction restraining father from creating third party rights on said land
Without dividing the property by metes and bounds one of the co-parceners cannot avail the loan. Other co-parceners consent is required. In whose name sale deed is? If it is in the name of a person who is trying to take the loan, he can avail the loan. If it is grand father's property then you have to prove it that property was purchased in his name, by filing a suit for partition and seperate possession.
Dear Client,
If the property has been partitioned and distributed then your father has no right to allienate or mortgage your share of the property and you can prohbit this by getting your share mutated in the revenue records.
Adv Vikas
The distribution of land is not on registered agreement but on a simple paper with signature of myself and brother and I occupy land of my part since 2006.
Distribution is not by registered agreement
2) it does not make you absolute owner of land
3) you can file suit for partition to claim your share if it is ancestral land
Dear Client
Immediately file a partition suit along with application under order XXXIX rule 1&2 for permanent injuction restraining your father or brother from selling, mortgaging, gifting or creating any third party interest in the share under your posession.
Adv vikas
Agreements made on white paper are valid. In India even oral agreements are valid and enforceable, so an agreement made on white paper can surely be valid if it fulfills all other conditions under the law and as per the law.
However, if the agreement requires to be stamped and registered then it cannot be used as an evidence of proof before a Court of law. Under the Indian Stamp Act, 1899.
Hi
File a application in civil court for temporary injunction and also for interim relief.
Get your share transfered to your name as soon as possible. This could be done after the clearance of the loan on the land.
Thank You
See since the family settlement didnot have signature of your father and other legal heirs as your sister as it is ancestral property see will have equal share the simple paper is not valid there need to be signed deed signed by you.
Further in case it is joint hindu property and ancestral (kindly check the property falls under ancestral category or not) then an application can be submitted to SDM to restrict father and brother as the property is joint property and then in that case no charge on that can be created. Further file a civil suit for partition of your share and interim stay on the property.
Kindly also check if the property is partitioned or not in last 4 generation and in whose name the property is mutated as of know.
Please try to make a partition deed based on the paper on stamp paper worth rupees hundred and it should be signed by all the parties including witness.
You have to file a civil case for partition in the district court and get order of the court confirming the partition.
On the basis of court order you have to approach to the tahsildar to get the mutation of property in respective names as per the order of the court
1. On what basis do you firstly call the property ancestral?
2. The said distribution was not registered. So your father continues to be the owner of the land. Therefore, the lenders of loan can proceed against him for recovery of loan.
3. You have no locus standi to file a suit for injunction as you are not the owner of the land.
You say that this is ancestral proeprty, what is the basis?
Your grandfather's property cannot become ancestral proeprty hence basically there are no coparcenary rights.
In UP the daughters are not entitled to any share in the agricultural lands.
You say that your father distributed the lands between you and your brother, whether it was by a registered settlement deed or oral?
If oral then yo cannot claim ownership or title to the property.
Your father cannot be restricted to avail loan or mortgage or sell the property because it is his own and absolute proeprty until it has not been transferred to your name by a registered deed.
You confirm all the details and consult a local advocate on all such further issues to get appropriate relief and remedy
The distribution of land is not on registered agreement but on a simple paper with signature of myself and brother and I occupy land of my part since 2006.
The transfer made on a plain paper or on unregistered deed canot be held as valid transfer and no case in the court will be maintainable
Instead of agitating over the issue and losing everything your may try for an claimable solution by holding talks with your father involving some elders of the family.