Cancellation mortgage of property
Francisco Xavier Dsouza
(Querist) 04 January 2013
This query is : Resolved
Hello,
My Friends Grandfather had mortgaged a property in they year 1960 and it was registered. The condition was that the papers too had to be kept in the possession. Later the payment had been cleared and the papers were handed over to my grandfather. Thereafter he passed away leaving behind four legal decedents who were unaware of the cancellation of the mortgage. Now in the search report it shows that the property is mortgaged. The other party i.e. mortgagee is not available has left the country and is not traceable. All the papers including the original mortgage deed is in possession of the legal decedents.
Can you please advise me as what can be done to cancel the mortgage as it has even crossed the limitation period. Where have I to apply to cancel the registration of the mortgage?
Thanking you in advance.
Raj Kumar Makkad
(Expert) 04 January 2013
File a civil suit for redemption of mortgage on the basis of already paid amount of mortgage, limitation etc. The last known address of the mortgagee should be given in the suit and lastly paper publication should be resorted.
