• Agriculture land as collateral security in rajasthan where the first owner is rajasthan goverment

I am from rajasthan. And i have purchased a agriculture land which was having a due Of agriculture loan by bank. at the time of Registery the owner left the city and never came back. So i filed a case in court. The court Passed a order of Dikri of my name. After that i filed a dikri execution case. thn the court asked the bank to tell the debts. They created the charge of agriculture loan which was i also aware but with that they told that The land is having as "gurantee" in some education loan of the owner's grandson and some business loan by her son. Bank is saying that the owner is liable for those loans recovey too. 
My questions are
1. In rajasthan where is the first owner is raj govt without paying stamp duty or anything just by making someone as gurantor in some loan other thn agriculture loan as gurantor ? 
2. And is the recovery of other loan debts can be proceed agaisnt that agriculture property ? 
3. Being a party of that land by court dikri can bank force me to pay the other debt thn the kcc loan.
4. I am ready to pay the kcc loan with interest but bank is not getting agree on that .. Does the Bank have any legal right to Hold my nodues in this case condition ?
5. And is there any process of filing a case against bank becoz they have filled the recovery case with the amount of Kcc loan amount in sdm court and in one case in Adj court of same kcc loan recovery with interest only but when i become party they suddenly asking for all loans? As they at the time of filing the case only asked for said kcc loan recovery only in the application. Same agri land is putted on recovery for The drt court also... 
6. What should i do to get out of this hack
Asked 6 years ago in Property Law
Religion: Sikh

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4 Answers

Owner voluntarily given her land agasint guarantee of  loan. You had to beware before purchase of any such encumbrance. Bank right is prior on land. And you have been cheated by seller. File FIR against them.

And if land is under agriculture use, than bank cannot proceed agasint the land. No attachment under sarfaesi.

Bank cannot force you but can proceed agasint the land, No recovery from you,

Only one case will proceed - DRT. File application u/s 10

You are not at all liable to pay anything, neither land can be attached. Put there under absolute agriculture use.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. Stamp duty will be applicable. 

2. Agricultural land is generally free from attachment. 

3. Only through a decree of the court but agricultural land is protected. 

4. Bank has to adhere to your request if you wanted to pay the loan. 

5. If there is any deficiency then you can file case at consumer court. 

 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Dear 

If that person has put land as guarantee for loan and you were aware of that loan before filing the court case then you are bound to clear the loan for which the land has been put as guarantee.

Bank can only force you to pay the loan linked to that land and not other loans of borrower. 

If you are ready to clear the loan with Interest the bank have no right to hold your no dues.

Yes you can file suit for mandatory injunction against bank to clear the loan related to that land and provide you NOC.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1.  Your question is not clear especially from the contents you have narrated to that of the question posted which contradicts to each other.

You have bought the property and got a court decree in your favor and direction to the bank to release the document whereas the bank is giving a different story now, hence you may have to initiate action against bank as per court orders.

2. If the bank has accepted the agricultural property as collateral security then you cannot do anything about it, however you can approach court once again with a petition seeking direction to bank to release the property documents immediately, let the bank answer the court after getting notice.

3. Let the bank inform the court about this while refusing to release the property document, you can take a decision after that.

4. You were advised to approach court once again in case you find any difficulty due to bank's adamant attitude,  let the bank answer the court to your petition on this.

5. You can challenge the same according in all the courts.

6. You may have to approach court once again with another petition seeking relief against the bank.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

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