Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Venu Gopal   10 April 2020

Suggestions for Mortgaged property in the court of law

Hi,
My grandmother took money I.e 60,000 from third party on 2010 and mortgage has been placed as a security I.e land(which was in the name of my grandmother). Last year third party filed a case in court against my grandmother for debt I.e 2,00,000 principal and interest.There was no proofs for principal amount borrowed.Please suggest me.


Learning

 3 Replies

N. Sivaprakash, Chennai 984099 (Advocate)     10 April 2020

See in the case filed by the Creditor the basis on which he is claiming the principal sum. If there's no basis dispute the same. If there's a document showing the principal amount, try to disprove the same when the borrower comes to the witness box and also see who are the witnesses to the document and dsprove their evidences also.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     10 April 2020

1. "IF" there is no documentary evidence for the borrowed sum, THEN the Money Lender will not get any relief from Court, in any manner, whatsoever.

2. Further, Loan taken in 2010, is now Time Barred, to be recovered from Court's point of view.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Shashi Dhara   10 April 2020

If she has taken money try to discharge debt with amicable amount.you tell she has borrowed and now the accrued interest and court costs will become more.for mortgage it is 12years limitation. Wether your g.m has given original title deeds to him.in my experience money or mortgaged suit will be decreed easily.contesting costs heavy penalty for both.he has to file for. f.d.p and then for e.p

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