We have a property which has been purchased by our Great Grand Father in 1957. That property has been mortgaged with a third party (Individual) by our grandfather along with his brothers for Rs.10,000/- loan in the year 1969. The mortgagee (the lender) was no more. His wife also was no more. They had no child and hence there were no direct legal heirs but we don't know about their other legal heirs.
During the continuance of the mortgage, the original document of our property was deposited with the court by the lender for a legal case on the said property. The case was dismissed but we don't know whether he got back the original document from the court or not.
From 1969, the property has been occupied by our family only. We are paying the property tax, Electricity bill, and other levy but we don't know about the title deeds of the said property. We also don’t know whether the loan was repaid or not since our grandfather, my father and his brothers also died.
We, the third generation peoples want to sell the property. In the Encumbrance Certificate, the said mortgage appears.
We could not trace any of the legal heirs of the lender though we tried at our level best.
What are the remedies available to cancel the said mortgage legally? Please advise.