Equaitable mortgage

ashutosh mishra (Querist) 13 March 2009 This query is : Resolved
how can Eqitable mortgage be created on properties of deacesed if the original title deeds of ancestral properties executed before 1960 were lost. And the said property mutated in the names of legal heirs of deacesed without obtaining sucession certificate from competent court?
Pleae reply soon
regards
ashutosh mishra advocate

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PALNITKAR V.V. (Expert) 13 March 2009
repeated query.

V.V.RAMDAS (Expert) 13 March 2009
Dear Ashutosh answer to this query has already been given . However onece the property is mutated means there will be no problem for equatble mortgage adn there is no necessity of sucsession or legal heir certificates. For equetble mortgage the following documents are required. 1)the Original title deed i.e ROR or sale deed or Will followed with Probate or Registered lease deed etc 2) Certificate Non-encumbrance, 3) Rent receipt etc.