• Loan against agriculture land

We are two sons to our father. We have 5 acres of agriculture land. I was working in education dept and settled in town. My brother is looking after land and he is enjoying all incomes from land. My brother took loan against the undecided agriculture land from various banks amounts to 10 lakhs without my knowledge and never paid back. Father passed away about 5 years ago. Now, we decided the land in to equally 2.5 acres each. After deciding, when RTC is received, I noticed that in RTC, the land was mortgaged for loan. When questioned my brother, he is telling that, the loan was taken on undivided land for meeting agriculture expenses and incurred losses, so the loan also to be divided between both of us. Now my questions are as below
1. Can I be responsible for loan taken by my brother without my concent on undivided agriculture land?
2. Will banks be able to attach/action my portion of land (2.5.acres) to recover loan any time?
3. Or since the loan taken by my brother, banks will go after him only? And recover loan from his portion of land?
4. How to clear the loan mortgage information in RTC of land belongs to me?
5. For The loan provided on agriculture land, the person took the loan is responsible to repay? Or the owner of The land? 
6. If I can't escape repayment of loan, can I pay 50% of the loan and get my RTC fixed for clearing loan?
7. Can I sell my portion of agriculture land to any third party without informing about loan? Will registration happens to third-party for the land with loan mentioned in RTC?
8. If 7 above is not possible, can I sell land to any third party informing about loan and he may deduct 50% of loan amount and pay balance and register land to his name? Then loan will be transferred to his name in bank?
Asked 2 years ago in Property Law
Religion: Hindu

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5 Answers

1. No. You are only concerned about you share in the same. He has to pay the loans which he has taken on personal capacity. 

2. If it's agricultural land then it will not be attached unless it's an agricultural loan. 

3. Yes.

4. By Informing the sub registrar. 

5. It's given to owner only if the same is given against agricultural land

6 Yes

7. Yes 

8. Yes

 

Prashant Nayak
Advocate, Mumbai
31910 Answers
179 Consultations

4.1 on 5.0

1) you are not responsible for loan as you had never given your consent 

 

2) bank cannot attach your share as you never signed papers for loan 

 

3) brother is liable for repayment of loan 

 

4) person who took the loan is liable to repay the loan 

 

5) you need bank consent to sell the property if it is subject to loan 

 

 

6) sell the land to third party with bank consent only 

Ajay Sethi
Advocate, Mumbai
94656 Answers
7523 Consultations

5.0 on 5.0

1. Your brother cannot take loan on his name if the property ws on yor father's name, however since the property is on mortgage loan, the liability to repay the loan falls on the inheritors.

2. The bank will follow the due process of law for recovery of loan amount with interest, hence there is no question of your share or his share in it.

3. The above answer suits this too.

4. You may have to join your brother to share the loan liability and make sure that you both repay the loan amount together jointly. 

5. The owner of the proeprty is liable to repay the loan.

6. The name in the RTC can be cleared only after full discharge of the entire loan.

7. The mortgaged property cannot be sold without the NOC or consent of the mortgagor 

8. Practically no buyer may agree to your condition.

 

T Kalaiselvan
Advocate, Vellore
84852 Answers
2188 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

1. Can I be responsible for loan taken by my brother without my concent on undivided agriculture land?
Ans: You can file partition suit and take such defence and you will win.

2. Will banks be able to attach/action my portion of land (2.5.acres) to recover loan any time?
Ans: Yes, if no stay order is obtained the bank can attach as entire land was mortgaged.

3. Or since the loan taken by my brother, banks will go after him only? And recover loan from his portion of land?
Ans: Since land is not partitioned so entire land will be attached. so you have to approach a civil court to
protect your portion of land from attachment.

4. How to clear the loan mortgage information in RTC of land belongs to me?
Ans: After getting partition decree in your favor then approach the Revenue officers to phodi the land and
to give two separate numbers to your portion and your brothers portion.

5. For The loan provided on agriculture land, the person took the loan is responsible to repay? Or the owner of
The land?
Ans: You have to see the bank details and loan document as to in what capacity he has raised the loan. Get
mortgage papers and approach the advocate

6. If I can't escape repayment of loan, can I pay 50% of the loan and get my RTC fixed for clearing loan?
Ans: Yes, you can do like that.

7. Can I sell my portion of agriculture land to any third party without informing about loan? Will registration
happens to third-party for the land with loan mentioned in RTC?
Ans: You can sell but as it is reflected in the Encumbrance Certificate so the buyer will come to know about the
loan.

8. If 7 above is not possible, can I sell land to any third party informing about loan and he may deduct
50% of loan amount and pay balance and register land to his name? Then loan will be transferred
to his name in bank?
Ans: You can do like that.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

1. No, he is only responsible to the payment of loan.

2. If the entire property was mortgaged for taking loan , then the bank can auction the complete land for recovering the loan amount. 

3. The bank will attach the land equivalent to the loan amount . 

4. You can inform the bank , that the loan was received by your brother without your knowledge and you are the owner of half of the land.

5. Firstly the person , if not refund then can attach the land

6. as above

7. If the document of the land is not with the bank then you can sell your share 

8. as above

Mohammed Shahzad
Advocate, Delhi
13199 Answers
197 Consultations

5.0 on 5.0

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