Release of mortgage

KVKSRAO (Querist) 16 April 2018 This query is : Resolved
My aunty took loan from a person by mortgaging her housing property. She died about 10 years back. Her son came to know of this only when he wanted to sell the property, that the documents are with this lender.

As he could not approach the lender, he approached an advocate for release of the mortgage. Honorable court gave a verdict for payment of the loan amount along with interest (amount & interest specified by the court) by a specified date (20-05-2018).

Now the question is if he pays the full amount as per the verdict of the Court, will he get the Property documents from the lender or he needs to approach the court to obtain the documents? What action he needs to initiate to get the de-mortgaged documents from the lendor.

.Pl. advise.

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Ms.Usha Kapoor (Expert) 17 April 2018
You need not personally pay the loan or mortgage money as per law. If you've received her estate pay the mortgage debt out of your aunts estate. If She died without leaving anything and sell the mortgage property you have to deposit the mortgage money and interest in court and through court receive payment of mortgage receipts and also title documents from the mortgagee.

R.Ramachandran (Expert) 17 April 2018
Whether the party who was having the original papers of the property, was a party before the Court or not?

Guest (Expert) 17 April 2018
Once the Son as the Legal Heir Clears the Loan of his Late Mother he is entitled to receive the Original documents from the Lender. The Son could deposit the Loan amount in Court it self with the Pleading that the amount could be settled to the Lender on condition he surrenders all the Original documents. Discuss with your Advocate.

Guest (Expert) 17 April 2018
Well advised by Ms. Usha Kapoor.

Dr J C Vashista (Expert) 17 April 2018
Since you have already engaged an able, competent and intelligent lawyer, there is no need and necessity for second opinion on the basis of limited information, which can not be presumed by experts.
Explain status qua lender before trail court as rightly asked by expert Mr. R Ramachandran.
However, I totally disagree with opinion of an impersonating expert, since the author did not ask the source of amount for redemption of loan as stated to have been directed by the court.