RKJAYAKUMAR (Advocate) 04 November 2022

Property belongs to mother, she and on behalf of her minor children, executed the mortgage deed

Dear respected members,

Property belongs to mother, mother borrowed an amount from ‘A’ and got registered the mortgage deed in the year 2014 in favour of ‘A’.

But in the contents of said Mortgage deed that “along with the mother and on behalf of her minor children she had executed the mortgage deed”.

Whether the suit is maintainable, if yes please refer me some case laws in this above matter

Thanking all of you sir,

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Quick Summary

A mother mortgaged her self-acquired property in 2014, including her minor children in the deed 'on behalf of' them. The question is whether this mortgage is legally valid. The consensus is that since the property was the mother's self-acquired asset, she had the sole right to mortgage it. The inclusion of the minor children, while perhaps an extra precaution, does not invalidate the mortgage deed.