Loan Against land documents recorded with register 1955 in EC Loan Against land documents recorded with register 1955 in EC

2 months ago

My Grandfather brought a loan from one person in 1955 against a land document, this was registered in the TN govt. register office. Later Loan was paid in 1960 and land documents were received back. but it is not updated in the TN Govt. register office. Now How can I update or how can I transfer the property to my Name?

Anik

Responded 2 months ago

View All Answers
A.Dear Client,

If a loan is not obtained by pledging property with a financial institution and a registered mortgage deed is not executed, the registry lacks the ability to update the property status, and it won't be reflected in the Encumbrance Certificate (EC). Therefore, after repaying a personal loan and receiving the original property deed, it is necessary to formally notify the Registry in writing to ensure the records are updated. Subsequently, you can apply to the Registry for the transfer of the property into your name. This process may involve providing a legal heirs certificate or a succession certificate, as required by the registering authority.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

View All Answers
A.Dear Client,
Unless a loan is availed of against the mortgage of property from a financial institute and a registered deed of mortgage is executed, the registry has no scope to update the status of the property and it is not reflected in the EC of the property. So, on repayment of a personal loan when you get back the original property deed, you need to inform the Registry in writing to update the records accordingly, and on updation of records, you may apply to the Registry for transfer of the property in your name based on a legal heirs certificate or a succession certificate as may be required by the registering authority. Reach out to an Advocate for guidance and steps.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconProperty joint way issue
Dear Client, Given the situation, you need to adhere to the Schedule of the property as mentioned in the Sale Deed. In the query, you mentioned that the actual passage of all properties is 7 feet. In...
question iconVarsai & will
Dear Client, The wife of the deceased husband is not entitled to his ancestral property. According to Hindu Succession Act, only the coparceners of a Hindu joint family are entitled to inherit ancest...
question iconSale deed mentions that roof has ownership to owner(builder) not flat owner
Dear Client, as per RERA guidelines Roofs, staircases, elevators, lobbies, fire exits and common entrances of the buildings are broadly categorised as ‘Common Areas and Facilities’ under Section 2(n)...
question iconProperty Transfer
Dear sir, You have to file civil suit to get relief. Without going to civil court you may not get any relief.
question iconGift deed
Dear sir, It cannot be registered after the death of donor. But in case of Will it can be registered after the death of bequeather.