Challenging an old entry of 1944
Querist :
Anonymous
(Querist) 14 November 2018
This query is : Resolved
there were 3 brothers A,B, C,.Mortgage deed was entered between A and B , A mortgaged his undivided 1/3 share amongst the property bearing s.no.743A of nashik, the mortgage mutation entry was entered in the other rights column of the joint family property being s.no. 743A , after partition deed the joint property was divided in between these three brothers and 1/3 portion to each brother was confirmed .the mutation entry on old survey number was shifted to new survey number 743A/1,which is purchased by us in the year 2009, from C. now the legal heir of B creating problem to us and claiming ownership, how the entry be challenge and removed.
please guide us we have file application under section 155 of MLRC but no reply.
Isaac Gabriel
(Expert) 14 November 2018
Anonymous not encouraged.Get legal opinion from lawyer'showing document.
KISHAN DUTT KALASKAR
(Expert) 15 November 2018
Dear Sir
If the mortgage was duly closed then there would be no problem. It is a civil case and file a civil case and you will get relief.
P. Venu
(Expert) 15 November 2018
The facts, as posted, lacks clarity.
Querist :
Anonymous
(Querist) 16 November 2018
Dear Dutta Sir thanks for your prompt reply , the mortgage was not closed ,but mortgaged property was sell by one of the mortgagor in the year 1975, so there might be a release deed, we have searched it a lot in the sub-registrar office but we did not find it, it is revenue matter , would civil court entertain it .
Raj Kumar Makkad
(Expert) 23 March 2020
In the initial facts. you mentioned have purchased the share (divided) having separate unit no. of C so there is no issue of the legal heirs of B to intervene or claim anything in the sold property which had never been their or their predecessors in interest.
You may obtain permanent stay order against the problem creators from civil court.
Raj Kumar Makkad
(Expert) 23 March 2020
BUT in the latter part of your facts submitted above, you have mentioned that C sold the property which already stood mortgaged with B by A, C had no right to sale such property as he was neither mortgagor nor mortgagee of that property and moreover, the joint property had already been got partitioned between three brothers and they were having their separate possession over their respective portions.
If facts as mentioned are true then you are at fault and the legal heirs of B are truely sufferers.
