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
PALNITKAR V.V.
(Expert) 13 March 2009
If the title documents are lost and the property stands in the name of other persons there can not be equitable mortgage unless you get the property documents. There can be mutation without succession certificate. By the way what were the title deeds? If they are in the nature of regd. sale deeds you can get certified copies thereof.
ARVIND JAIN
(Expert) 13 March 2009
ONLY MUTATION DOES NOT CONFER TITLE OF OWNERSHIP SIR.
Shyam Ji Srivastava
(Expert) 13 March 2009
Dear Ashutosh
My elder learned friend Mr. Arvind Jain is right. If original title deeds is not traceable you can get certified copy otherwisw you have to file Declaratory Suit for title.
Shyam Ji Srivastava
Advocate
PALNITKAR V.V.
(Expert) 13 March 2009
But Mr. Jain who said that mutation confers title of ownership?
adv. rajeev ( rajoo )
(Expert) 14 March 2009
u have to go for declaration of tittle by filing a suit for declaration
sanjay singh thakur
(Expert) 14 March 2009
Dear Ashutosh
For creating EM an Original title deed is to be furnished with the intention to create EM and as in your case there is no title deed hence best way is to suggest all the legal heirs to distribute their share through written deed and the same can be validly registered before the Office of concerned District Sub Registrar. In this way all the legal heirs will have separate title deed.
Sanjay Singh Thakur
Advocate
ashutosh mishra
(Querist) 16 March 2009
an agricultural land which is undiverted can be mortgaged for availing industrial loan? if yes than what procedure will be followed ? kindly solve my querry
