I want to sell some parts of my property which has given to my father by my grandfather is,my father's father.Some one is saying that the land of property has been mortgage to my grandfather by a person.I want to know can I sell the land which has been given to my father as my father has died 17 years back.Please help me
Even the said property was mortgaged, the legal heirs of deceased grand father having right to alienate the said property. But before alienation you should inform to the purchaser that the said property was under mortgage. You have the knowledge that the said property was mortgaged. If you are selling the property without informing to the purchaser, he can file Criminal Case under section 420 IPC for cheating. So you better inform the purchaser about the situtaion if he is interested, you can proceed for sale with legal heirs of your grand father.