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Rose (tech support)     24 June 2016

Mortgage deed

Hi All,

My mother ( aged 60) mortgaged our property for 15 laksh for 3 years to one lady and the mortgage deed was registered.   Now, my mother is ready to pay the money but the lady is not willing to take the money and interested to take the entier property.

Readson behind this, she invested some money in the business along with my brother and other partner's.  Business went loss and it should be equally shared to all the partners since the lady has only our property mortgaged so she is trying to take all the money she invested in the business from our property but the property is mortgaged only 15 lakhs.  She is indian living in Malaysia ( running hotel) but currently she is in india for 2 weeks.  We are trying to pay the money but she is not willing to take it.

 

Please advise on the next step.  Thank you

 

 



Learning

 2 Replies

Kumar Doab (FIN)     24 June 2016

If your mother has no liability in the business and loss then she can't be held responsible.

 

However you may show all docs on record to a very able counsel and submit a proper communique under acknowledgment.

 

m.kameswaran (student)     25 July 2016

your mother can very well pay the amount with interest as per mortgage deed, and ask the lady to reconvey the property within  time limit. if she refuse take back the money ,you can send a notice through lawyer for redeming your property. 


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