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sri ram   17 October 2017

Registered mortgage

In 2002 my father mortgaged property for Rs.1,00,000/- and handed the documents to the mortgager. Due to some problems in mortgager family our documents were blocked since 2007. Inspite of asking him for our documents since then he is postponing and my father as a friend of him also considered it casually as he knows his problems. My father expired in 2016 and now we have approached the person. My father has not paid any amount since 2002 and the rate of interest is 24% compounded annually. now when we ask the mortgager he is asking us to pay the interest till date as per the document and says that he is not having the document in hand. My mother wants to proceed legally. I would like to know if we approach court will it ask us to pay the complete amount as per the document or will it reduce the rate of interest. another thing is the mortgager is not having my original document since 2007 and he cant produce the original document in court also. please respond to my request as it is the only source for my mother.  Also i heard that the mortgage is valid only for 12 years of each repayment



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 3 Replies

G.L.N. Prasad (Retired employee.)     18 October 2017

The important issue is who is having possession of the property as of now, and when was the last payment made by your father, and if any notices were served on the legal heirs after your father's death.  Contact Advocate and for the present forget about further proceedings if you are having possession of the property.  Let him a file a suit of recovery, then try to get a compromise through elders.  Please records the dates of your visits to the lender as that disclose your earnestness in repayment, but the other party is not returning the title deeds.

Apart from all this, irrespective of your difficulties, remember that it is duty of legal heirs of father to repay such debts morally and one should not exploit situation or other's weakness for his own.

sri ram   18 October 2017

I'm ready to pay the due but I can't beat the interest compounded I can pay simple interest for all the years but he is not coming forward for that so I'm thinking of proceeding legally

sri ram   18 October 2017

I'm ready to pay the due but I can't beat the interest compounded I can pay simple interest for all the years but he is not coming forward for that so I'm thinking of proceeding legally

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