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saravanan   10 January 2018

Property in mortgage to local finance

My father helped his friend's daughter marriage by mortgage our home which we are currently residing to a local finance guy agreed for 6% interest per month (Kiraya pathiram in tamil) for seven lacs (including interest). The registration happened without me and my mother knowledge. I am the only child to my parents.

Registration happened on feb 2017, my father friend re paid the actual amount plus some interest amount they borrowed and due to his family circumstance he stopped paying the remaining amount calculated on 6% interest. My father was called and warned for the outstanding amount and he gave four times in written statement asking time in different timelines that he will pay the outstanding amount.

Due to heavy torture by lenders to my father friend he gave police complaint, now the lenders said they don’t know my father friend in the police enquiry  and lenders filled a case in court with my dad’s written statement and asked court to get back their amount from my father. Lenders filled the case after my father friend give a written complaint in police through SP office .

Me or my mom didnot signed as witness in the doc which was registered to the lenders by my father. Will it possible for court to sue our property. Home was built on grandfather land and my mom salary amount is used to build the house. But property is in my dad’s name.My father friend and his wife signed as witness in the doc.

can you help us



 1 Replies

R.Ramachandran (Advocate)     10 January 2018

Your signature or your mother's signature  is not at all required either as witness or otherwise.

In the whole matter, what is exactly written in the Mortgage Deed is to be looked into.  Without going into the contents of the mortgage deed, it will not be possible to give a view on your query.


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