Transfer of mortgaged property, debts cleared by receiver

Querist : Anonymous (Querist) 19 July 2022 This query is : Resolved
My father owned house which was under mortgage in 1998 was transferred to me in 1999, duly agreeing to clear mortgage by me. Mortgage was also cleared by me in 2000. my father passed away in 2005. Whether transferring a Mortgaged property is incorrect.

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This discussion clarifies that transferring a mortgaged property is legally permissible, even if the mortgage is still active. Once the mortgage is cleared, the property is free from encumbrance, and the transfer is valid. However, it's noted that simply clearing the mortgage doesn't automatically grant full ownership if other legal heirs exist; you may have a charge on the property instead.

kavksatyanarayana (Expert) 19 July 2022
No. It is correct...................................................................................

Dr J C Vashista (Expert) 20 July 2022
Consequent upon redemption of mortgage there is no encumbrance on the subject property. Besides this, redemption of mortgage do not change title of the property.

P. Venu (Expert) 21 July 2022
There is nothing wrong in the mortgage. However, that will not make you the holder of the property, if there are other legal heirs. All that you can lay claim, to my understanding, is a charge in the property in your favor for which other legal heirs are liable.

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