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Deed of mortgage
3 years ago
I had done deed of mortgage on 6th October 2018 on chawl room in Mumbai of 7 lacs and to-let his room to his brother. Initially they gave some rent but from April 2019 onwards they have stopped giving rent and Now it's been 2 years they are not giving rent and staying in same room. Please advice what to get my money with rent amount.
A.I have gone through your query in detail.
1) Where is the chawl room located in Mumbai..?
2) Who approached you like some agent/ broker / friend to do the mortgage deed of the chawl room in Mumbai, I am sure you must NOT have done it a registered mortgage...
3) Have you collected ALL THE ORIGINAL DOCUMENTS of the chawl room such as
A) Chain of Sale agreements BEFORE 1993 ONLY, WITH AFFIDAVIT on Rs.100/- , SALE AGREEMENT on Rs.500/- , POWER OF ATTORNEY on Rs.500/- , INDEMNITY BOND on Rs.200/-
B) PHOTO PASS BOOKLET IS COMPULSORY of the Chawl Room Owner with tax paid receipts & 2 LIGHT BILLS BEFORE 1993 (IN OWN NAME) (RECEIPT OF PHOTO PASS is NOT accepted)
C) BMC Assessment receipt for latest 3 months, & Property card
D) CHAWL COMMITTEE Society REGISTRATION CERTIFICATE BEFORE 1993
E) NOC from the CHAWL COMMITTEE for MORTGAGE / Sale of CHAWL/ LIGHT & WATER METER TRANSFER
F) PATRATA / ELEGIBILITY CERTIFICATE if issued during Survey by any competent authority such as SRA, MAHADA, CIDCO, GRAM PANCHAYAT.
G) IF CHAWL having independent OWNER such as PAGDI SYSTEM THEN NOC of Landowner & their legal heirs Compulsory. 7/12 extract, 6/12 extract, with CTS/ Hissa number
4) If you have all the above documents mentioned in point NO.3, in ORIGINAL then you can get all your money back, along with the rent.
5) What kind of Documents have you made with the client while paying him the amount & Mortgage Deed, will have to be viewed to arrive to a conclusion so that you can get your money back OR atleast you will get the chawl room in your name.
6) The Documents need to be studied carefully so that by us, so you can get your hard earned money in return & if you have all the documents in the above mentioned point No.3 from A to G, then don’t worry you will get your legal rights
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
1) Where is the chawl room located in Mumbai..?
2) Who approached you like some agent/ broker / friend to do the mortgage deed of the chawl room in Mumbai, I am sure you must NOT have done it a registered mortgage...
3) Have you collected ALL THE ORIGINAL DOCUMENTS of the chawl room such as
A) Chain of Sale agreements BEFORE 1993 ONLY, WITH AFFIDAVIT on Rs.100/- , SALE AGREEMENT on Rs.500/- , POWER OF ATTORNEY on Rs.500/- , INDEMNITY BOND on Rs.200/-
B) PHOTO PASS BOOKLET IS COMPULSORY of the Chawl Room Owner with tax paid receipts & 2 LIGHT BILLS BEFORE 1993 (IN OWN NAME) (RECEIPT OF PHOTO PASS is NOT accepted)
C) BMC Assessment receipt for latest 3 months, & Property card
D) CHAWL COMMITTEE Society REGISTRATION CERTIFICATE BEFORE 1993
E) NOC from the CHAWL COMMITTEE for MORTGAGE / Sale of CHAWL/ LIGHT & WATER METER TRANSFER
F) PATRATA / ELEGIBILITY CERTIFICATE if issued during Survey by any competent authority such as SRA, MAHADA, CIDCO, GRAM PANCHAYAT.
G) IF CHAWL having independent OWNER such as PAGDI SYSTEM THEN NOC of Landowner & their legal heirs Compulsory. 7/12 extract, 6/12 extract, with CTS/ Hissa number
4) If you have all the above documents mentioned in point NO.3, in ORIGINAL then you can get all your money back, along with the rent.
5) What kind of Documents have you made with the client while paying him the amount & Mortgage Deed, will have to be viewed to arrive to a conclusion so that you can get your money back OR atleast you will get the chawl room in your name.
6) The Documents need to be studied carefully so that by us, so you can get your hard earned money in return & if you have all the documents in the above mentioned point No.3 from A to G, then don’t worry you will get your legal rights
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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A.you may file a eviction suit.
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