My father are four brother and died when i was one year old. Right not i am 36 years old. So it is settled to make them my guardian for my share of Land. I never visited my village dur to fear of my mother that my family member can kill me. I checked bHULEKH website of Uttar prades and found that my guardian took loan from Syndicate bank against my share of farming land in 2010, 2011 & 2015. My basic concern is how come a bank issue loan when i have crossed 18 years age and my father's elder brother has no role of guardian after that.
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See the bank cannot give loan on said property after you are major as there after legal guardian was not.valid.
Further you can contact the bank and revenue authority now it might be a case that uncle took loan on his undivided share if land is partitioned or he illegally took loan on your share. Then you have to file a police complaint against uncle and bank and suit for possession and changing revenue record of same.
1) file suit for partition for division of property by metes and bounds
2) inform bank that on father demise your mother you and your siblings have inherited hisshare
3) that your consent divorce as not obtained for mortgaging the land
4) bank would recall the loan
I only know the name of the bank, do not know the branch name. so if i can take detail from bank by using RTI cause do not know the procedure to contact bank and procedure to intimate bank. Do you know the Uttar pradesh procedure to obtain such detail from RTI or the way to file RTI OR contact a local Lawer in that city. And my uncle who took the loan is dead 3 month before.
See you can contact the revenue office for the extract of property cards that is record in that bank loan will reflect along with the bank name and branch. You can appoint a local advocate.at place where property.is situated.
If uncle is dead his legal heirs are liable to repay the loan
2) if they fail to repay bank would take legal proceedings to recover loan amount with interest
3) legal heirs would inform you as the bank from whom loan was taken by uncle
4) no need to file RTI application
1. It seems that guardian and bank acted in cahoots.
2. You should find out the branch name and then file a suit for declaration to declare the mortgage created on the land to the extent of your share as void.
3. Send an application firstly through RTI to find out which branch sanctioned loan and when.
1) You have to visit near krishi seva kendra, who so ever santionced loans against farm land. under RTI rules first you can get details with head Office of Syndicate bank. because now a days all is online. under RTI you will come to know the loan account number.
With out permission of the concern jurisdiction court can not sell or mortgage minor's property.
You can file cheating case against your guardians and file a suit for permanent injunction and in such case the competent hon'ble court may be granted relief interim injuction / temp injuction .
Dear Sir,
Rights of a person who attained age of majority will come to an end within 3 years of attaining age of majority. To claim partition there is a limitation 12 years. To claim adverse possession there is a limitation of 12 years. The Supreme courts says the person sleeps over his legal rights for years together cannot get any relief from court. Hence you may take a plea that the notice of such adverse act came to your knowledge only few days back. You can file suit for declaration and summon entire documents though the court from the bank.
Your father's brother has played fraud on bank to obtain loan
Are you sure that you are still the owner of the property.
Without ascertaining the fact that the property still lies on your name you may not be able to take any action on this.
You can approach concerned registrar office to get an EC and find out the details of the property and then initiate proper legal action as per law
Obtaining information through RTI act is uniform across the country.
You may adopt the regular procedure.
1. Make written complaint to the Regional Manager of the Bank, giving key details and request him to investigate. Also inform him that since Loan is taken, by fraudulent means, you will not be liable for the same. Request him to take remedial measures.
2. Also file Police FIR, for the cheating, misrepresentations, fraud, intimidation. You can also file Civil suit, for partition of your portion of the land, by using a local advocate.
Keep Smiling .... Hemant Agarwal
You should file an rti with the bank but before that obtain a legal heir certificate from the district court and on the basis of that you will have access to other documents too. You should file for partition immediately after that. The loan cannot be taken on your share of land.
Regards
It's a fraud you can send the bank a legal notice to seek explanation. Based on the same you can file criminal and civil cases.
