• Regarding securing loan on a registered property

My mother got a registered property of site after death of her father...my uncle(mama) and grand mother registered the property on my mother by leaving their share on the property in 2011...the property is initially registered on the mother of my grand father( great grand mother) in 1927...by mutual oral settlement between brothers ,the properties got settled between brothers and the proprty was under my grand father from past 80 years without registration in his name....my mother also constructed a small kacha house on the property 30 years before for which she got house tax receipt in 1990 from panchayat...since the present registered document was not linked to initial document of 1927, do my mother property have got clear title even though enjoying the property and posessing the property from 1990 ...can we secure loan and what needs to be done to make it clear title in future..some one suggested to go for re registration on me and on my brother by referring the initial document of 1927 and panchayat endorsement certificate stating possession of property by my mother from past 30 years... will it make clear title in future for securing home loan ??
Asked 6 days ago in Property Law from Ravulapalem, Andhra Pradesh
Religion: Hindu

1. A Latest Mumbai High Court judgment states that the Last available "Registered Sale Deed" of an immovable property is Final & Conclusive and earlier title documents are not required, IF the property was duly transferred /mutated in name of Mother.  This registered document is legally Final, for all futuristic legal purposes such as Sale /Transfer /Gift /Donate /Mortgage /whatever....

2. Possession of such property for a period of more than 30 years, makes it time barred for any legal disputes, at the hands of other claimants.

Hemant Agarwal
Advocate, Mumbai
3004 Answers
17 Consultations

5.0 on 5.0

The registered document on your mother's name itself is a title document.

However if you want to secure the title of the property more clearly then your mother can execute a registered settlement deed on your name or your sibling's name.

The tracing of title can be clearly mentioned in the subsequent registered document in the recitals so that there arises no doubt in the minds of anyone who may have to transact with the property in any manner in future.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

Your mother does not have clear and marketable title to property 

 

2) your mother has possession of property 

 

3) you can seek to obtain loan on basis of registered document executed by your mother family members in her name 

 

4) your mother can execute gift deed in your and brother name 

Ajay Sethi
Advocate, Mumbai
69581 Answers
4180 Consultations

5.0 on 5.0

Generally all original link documents for last 30 years are required for loan. 

Unless property not registered, property don't have a clear and marketable title .

you mother can execute gift deed. 

Mohammed Mujeeb
Advocate, Hyderabad
12143 Answers
4 Consultations

4.5 on 5.0

If all mutation papers are on your mother's name than it's clear title property. And you can go for loan against property.

 

Get property papers from tahsildar office for last 30 years. If it's on your mother's name than it's clear title property. 

Check with bank of your area which papers they require to pass loan against property.

Ganesh Kadam
Advocate, Pune
8481 Answers
70 Consultations

4.9 on 5.0

Title of your mother is clear for the property transfered to her by her brother and mother through registered settlement deed. 

You can get loan on this property easily. 

Or you can ask your mother to transfer the property on both your names through registered gift deed. 

Mohit Kapoor
Advocate, Rohtak
5151 Answers
1 Consultation

5.0 on 5.0

See if you have clear land possession  and panchyat khata on land the title is clear, also if the share of grand mother and her brother is also registered to her by registered deed there won't be any issue you can apply before the bank for the loan the bank can scrutinize the document and based on documents get legal search report from the bank lawyer.

Also re registration in your name also will not clear title if the back documents are not clear. 

Shubham Jhajharia
Advocate, Ahmedabad
21308 Answers
83 Consultations

5.0 on 5.0

Title is clear and abut missing link, if she gifts or bequeath property than she can mention those details.

Yogendra Singh Rajawat
Advocate, Jaipur
14984 Answers
19 Consultations

4.6 on 5.0

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