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How to transfer mortgaged property back to mother's name
16-Nov-2023 (In Property Law)
Hi, My mother had mortgaged an agricultural land (Anakapally AP) in 2001 through mortgage registration for 1 lac rupees for which she had payed the entire amount with interest in the court on 2003 as the mortgagee had moved to court for the same. And the case was settled as the mortgagee received his money which he and his lawyer acknowledged. As my mom and my father (Ex Army) thought after settling the amount in court, the property name would be automatically transferred on my mom,s name, they forgot to bother about that. But in 2011, when we applied for Encumbrance Certificate, the EC is showing the land under mortgage and the Mortgagee's name. Now we are unable to contact the mortgage, as he has moved out of the town and unable to contact him. Kindly Advice me on how can my mom get back her name in the EC certificate. Note: We have settled the mortgage in the court and records are present with us. Ur kind advice is highly appreciable.
As your mother had mortgaged an agricultural land (Anakapally AP) in 2001 through mortgage registration for 1 lac rupees for which she had payed the entire amount with interest in the court on 2003 as the mortgagee had moved to court for the same. And the case was settled as the mortgagee received his money which he and his lawyer acknowledged. There would be a case number and also order copy in the same you can apply for the certified copy of the order copy and give the same to registrar's. ,
As the same is not done yet the ec is showing the land under mortgage and the Mortgagee's name.
As the same is not done yet the ec is showing the land under mortgage and the Mortgagee's name.
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Adv. Nilesh Narania
Hyderabad | 100+ Answers
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Hi
Since you have the court decree in your favour as you have settled the loan, you should apply for an execution petition in the court and get the mortgage released.
Since the mortgagee is out of town, you have no other option other than approaching the court again to get the mortgage cancelled.
Since you have the court decree in your favour as you have settled the loan, you should apply for an execution petition in the court and get the mortgage released.
Since the mortgagee is out of town, you have no other option other than approaching the court again to get the mortgage cancelled.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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