Property sale for Inherited property, document lost

Querist : Anonymous (Querist) 24 January 2010 This query is : Resolved
My brother in law having old house which is in his father's name by EC till date, by mouth word around 60 years back his father has mortgaged to some one he's also died, his son telling it's his property, Now brother in law and his brothers has occupied the house now they want to sell but the original documents are lost or with lessee man's son. my brother in law requested at register office for the duplicate documents but it's not found due to old.

Please let us know how can they sell the property without the documents or what's the procedures,

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R.R. KRISHNAA (Expert) 24 January 2010
If the mortagee's son is holding the mortgage deed then certainly he has the right over the property as the right to redeem has been lost by your brother in law long back. Right to redeem the mortgage is for a period of 12 years from the date of mortgage. Your brother in law and his father have not redeemed the property hence the mortgagee's son has acquired a valid title and his title is unquestionable.

adv. rajeev ( rajoo ) (Expert) 24 January 2010
On what basis the son of the mortgagee telling he is the owner of the property?, is there any document with him?. From ur question it seems that there is no document or mortgage. Simply son cannot claim the tittle over the property.
Original document is not necessary to sell the property, you will the full extract of the property with the CTS authority. First tell your brother in laws to file a wardi to enter their names to the property being legal heirs of their father, then sell the property.