87+ Lawyers are online 
Usufructuary Mortgage redemption
31-May-2023 (In Civil Law)
Hello All,
Can anyone please assist with the below question.
A land was usufructuary mortgaged in 1928 for 6 years by Mr X to my Mr Y with possession towards interest.
Mr X died in 1968 without redeeming,
Mortgagee Y LET out property to Tenants under Karnataka Land reforms act in 1982. Mortgagee Y stood EXPARTE in that Land Tribunal case. Mortgager and his legal heirs were unaware of this facts.
Can the Legal Hier now in 2020 can claim for redemption of usufructuary mortgage property done in 1928. As it has come to legal heirs knowledge now. if YES, what is the effect of TENANTS ?
Namaste
Respected
It is not possible to claim the title over the property at this stage that is in the year 2020 since there is a long delay in queationing the same.
Apart from this before the land tribunal also no one appeared. Otherway this order is also binding on you.
If you need to proceed on title over the property you need to file court fees and the case may be fall against you on the ground of latches or delay in approching court.
Here you can do one thing by taking “a chance”. If you have the valid documents inrespect of title, then you can challenge the land tribunal order stating the order passed behind your back. In your luck if the appellate court set aside the earlier order, then on that basis you can file a civil suit claiming the title. This proceeding “may “work. Since there is long delay we cant assure the winning of cases at this stage. But we can suggest you can try this one.
Need detail discussion with titile records to give you better solution if any found in records
If legal assiatence is required contact us.
It is not possible to claim the title over the property at this stage that is in the year 2020 since there is a long delay in queationing the same.
Apart from this before the land tribunal also no one appeared. Otherway this order is also binding on you.
If you need to proceed on title over the property you need to file court fees and the case may be fall against you on the ground of latches or delay in approching court.
Here you can do one thing by taking “a chance”. If you have the valid documents inrespect of title, then you can challenge the land tribunal order stating the order passed behind your back. In your luck if the appellate court set aside the earlier order, then on that basis you can file a civil suit claiming the title. This proceeding “may “work. Since there is long delay we cant assure the winning of cases at this stage. But we can suggest you can try this one.
Need detail discussion with titile records to give you better solution if any found in records
If legal assiatence is required contact us.
Helpful?
Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Civil lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
