My mom was one of the vendor in a sale deed in 1990, agriculture land back in my native, on perusal of the document recently we found that the said land was mortgaged before the sale happened and the very reason for sale was effected was to pay back the debts. We are not involved nor we possess any knowledge of these transactions done before sale and no consent was taken from us for mortgage of family property.
Land is supposed to be shared by three persons which includes my mom, mortgage and stuffs on the land was carried out by first person out of the three, last one also didnt have any knowledge on this nor his consent was taken.
The sale consideration mentioned in the document is Rs 1,50,000, divided by three, my mom should have got Rs 50,000 but only got 15000 instead. She is an physically challenged person and ignorant women, educated only till her 3rd standard.
She has signed the document believing his paternal uncles sons, the contents were not read out to her nor she can understand the document even if it is assumed to be read by her. Had she known the contents she would not have signed the sale document since mortgage of land is mentioned in the sale document. My mother lost her parents at the age of six and her only source of information on her share in properties was her paternal uncle and family but they betrayed her.
Can i go for litigation ?