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Mahendra (NA)     14 February 2014

Help needed urgently

Hi Lawyers,

Please Help urgently.

My Grand father has mortgage a agricultural land in 1970 with mortgage deed.My father has Paid all the money to release the mortgage in time.Now my uncles and aunts are claiming that the land should be divided in equal.

 

Is there any law or any way to proof in court that my father has released the land and my father should be the absolute owner of the land.

 

Thanks,

Mahendra



Learning

 6 Replies

Mahendra (NA)     14 February 2014

Please reply can my father claim that the land belongs to him.We have proof that my father has paid the money.

adv.raghavan (Advocate,9444674980)     14 February 2014

If you grand father had died intestate, the property belongs to all the legal heirs, if your father had paid for release of mortgage, he can share the expenses among all equally. Your father cannot claim sole ownership of the property.

Mahendra (NA)     18 February 2014

The expenses was very less in the year 1970.And the value of the land is in crores.So how the expenses will get calculated.Will the expenses will be calculated on the basis of current value.As the land is calculated on current value.

adv.raghavan (Advocate,9444674980)     18 February 2014

that is up to your father to calculate expenses and add upon interest or any thing on it, but coming back to the main issue,  since your father had paid  for mortgage and taken care of the property, will suffice to claim ownership of that.

Mahendra (NA)     19 February 2014

Thanks Mr.Raghavan.

So i understood from your answer is that My father can claim the ownership based on the release of the mortgage and taken care of the property.What is the chance of wining the case in the court and how much approximate time will it take.

 

Thanks,

Mahendra

adv.raghavan (Advocate,9444674980)     19 February 2014

Sorry you have mistaken my point, your father can claim extra money from his brothers for release of mortgage, it is up to him to take a call on quantum, but coming back to the main issue, since your grand father had died intestate the property belongs to all legal heirs, since your father had paid for release and maintained the property WILL NOT suffice to claim owner ship of the property,


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