RKJAYAKUMAR (Advocate) 04 November 2022

Property belongs to mother, she and on behalf of her minor children, executed the mortgage deed

Dear respected members,

Property belongs to mother, mother borrowed an amount from ‘A’ and got registered the mortgage deed in the year 2014 in favour of ‘A’.

But in the contents of said Mortgage deed that “along with the mother and on behalf of her minor children she had executed the mortgage deed”.

Whether the suit is maintainable, if yes please refer me some case laws in this above matter

Thanking all of you sir,

Sri Vijayan.A (Legal Consultant) 04 November 2022

The property is a self acquired of the mother.

So, she alone can alienate (mortgage, rent, lease or sell or gift) it to anyone as per her wish.

Due to abundant precaution, the claimant might have added the minor children as parties to the mortgage deed.

As such, the mortgage deed and the mortgage are valid.

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RKJAYAKUMAR (Advocate) 05 November 2022

Thank you sir