My father sold half of his mortgage property which is landlocked and passed away. Buyer now asking for access road.

Dear Sir,

The bank’s mortgage had first charge over entire 0.2 acre.
So even after sale, the buyer’s purchase is subject to the bank’s mortgage.

When you settled the loan and cleared it, you effectively became the full owner of the entire 0.2 acre (as legal heir and payer), unless the bank formally released any portion in the buyer’s name (which it did not).

The buyer has no right to demand access or threaten you — his remedy, if any, is to approach a civil court for easement rights, not to harass or threaten.

Hello, 

Firstly, How was your father able to sell a mortgaged property to a third party without banks consent? Even if that has happened it is an illegal sale. 

Coming to the fact that you have cleared the dues of the Bank. Collect the No due certificate immediately. 

send a legal notice of illegal occupation to the third party and thereafter file an eviction/ejectment suit as against him. In the alternative you can also file a suit for declaration and title that the 0.1 acre of land is actually yours and could never have been sold to the third party. 

For better clarification you can connect with me through OLQ. 

Dear Sir, as per your query,

You should first collect the loan clearance certificate and original title deeds from the bank immediately. Ask the bank to issue a letter confirming you as the sole owner after settlement. 

You can file a police complaint against the buyer for criminal intimidation and harassment. If the threat continues, you can seek a protection order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, for nuisance and disturbance caused to you.

For further details & clarification, feel free to contact our OLQ Team for a detailed discussion.