no need to mortgage the property
2) you can post security guards at your property , install CCTV cameras
Mortgaged property
Hi, We own lands in a fast developing area. One of my friend advised me that in order to protect the land, he asked me to mortgage the property with a bank and reflect the same in govt encumberance certificate, so that its protected from bogus people. (P.S my primary goal is protection and not the interest I need to pay). Physically the land is protected by agriculture activity. Is this a good idea for protecting the land? And are their any other better ways?
Asked 5 years ago in Property Law
Religion: Hindu
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13 Answers
See if there is boundary on land it is properly demarcated, in government records your name is there then if your are not in need of loan then there is no purpose of mortgage any way your land is protected .
You can do fencing can keep up to date copy of records and land should be properly demarcated then it is safe.
Dear Client,
It will be foolish to put land on mortgage. Better erect the boundary and a gate with board addressing owner name.
Sir, the Problem is not physical protection. For instance, one of my neighbor had his land well demarcated with security guards employed but the problem was there was a forgery document created and the property was transferred some 4 times(all were within a cartel), but physically at the land, my friend didnt find any changes. After the 4th bogus internal transfer among them, the cartel started demanding a huge amount from the actual owner. So, in a similar scenario would mortgaging a property would serve as a safety ring?
Asked 5 years ago
then mortgage the property by deposit of title deeds with bank
2) mortgage should be duly registered
Yes for such situation mortgage is helpful and title documents are with bank and in the mutation also bank name reflects so without bank NOC it cannot be sold.
1) Here your friend can have legal search report and mutation papers on his name and keep mutation records on yearly basis.
Alternate, Fencing the property is imperative to avoid any physical encroachment. You can either fence the property with wires or can create a wall around it. For further security, you can also build up a small property and rent it out.
Even after mortgage, such fraud sale can be done by land mafiya. Your title is secure, Whoever will purchase, it`s his/her headache to check land title.
- As per the information mentioned in the present query, makes it clear that whatever you been thinking to do, is just to protect your right over the property.
- Actually, the situation wherein people may go for multiple transaction with respect to the same property, would actually doesn’t hold no sanctity in the eyes of law as the chain would have to be seen as to when was the first then the second and then further plus a physical possession matters the most.
- In fact, I advice you to make an application in a well legal way drafted to the Registrar’s office, seeking not to proceed with any transaction for the subject property, without calling the actual physical owner of the property.
1. The Govt. EC is a useless piece of document IF somebody has encroached the property or created false documents.
2. INSTEAD of the illogical idea, Keep Filing proper caveat application before the registering authority, restraining them from making any further transfers on their records. ALSO fix Notice Board on site announcing the ownership, take photographs with date & time.
Keep Smiling .... Hemant Agarwal
There is no need to get your property under mortgage just to protect it.
You can continue the agricultural activities init which itself will provide protection to it.
If you apprehend such dangers from unknown sources, you may proceed with the suggestion made by your friend but how far that will also solve your problem is to be seen when the actual problem arises.
This is not the legitimate way to protect the land you can exercise better days for the same
