Mortgage property Mortgage property

3 months ago

Our fore father's kept properties simple mortgage in 1965 in Telangana village and left the village and came to city.But they have not sold thd property.But mortgagee Rahender manage his name in pattedar column and sold thd property to some one else.How I can claim now, our fore father's are no more.Pls Suggest me.

Anik

Responded 3 months ago

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A.Dear Client,
In a situation where the property has been mortgaged and subsequently sold without your family's knowledge or consent, it is essential to take legal action to protect your interests. Consult with a property lawyer to understand the specifics of your case. Section 58(c) of the Transfer of Property Act, 1882, addresses mortgages, and Section 44 of the Registration Act, 1908, may be relevant in the context of fraudulent registrations. You may consider filing a suit for cancellation of the fraudulent sale deed and restoration of the property to your family. Additionally, Section 53A of the Transfer of Property Act, providing protection to the transferee in possession, could be considered. Given the complexity of the matter, legal advice is crucial. While your forefathers may no longer be alive, their legal heirs could pursue the case on their behalf. Provide all relevant documents and details to your lawyer to build a strong case for reclaiming the property.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
) Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, your claim is now barred by limitation.
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Vidhi Samaadhaan Vidhi Samaadhaan

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