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 4 years ago in Property Law
Religion: Hindu