Using the property after 50 years. Other person did not dispute.


Hi, We have a shop in main market with us from more than 50 years. The problem is that we are not the owner of this property legally. My grand father mortgage this property to a person and gave the ownership to him. From the last 50 years we are operating this shop and that person is doing nothing to end this dispute, suggest what we can do?

Answers (3)


104 votes

Firstly go and check whether the title of that shop has been changed or not..secondly if you are paying the electricity bills and other taxes under your name then you have an edge..don't vacate the shop else file a suit if that concerned person opts for eviction suit..


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68 votes

Once a mortgage always a mortgage. It can never be sale. You have not mentioned whether the loan was completely paid or not.
Heirs of mortgagor can file suit for redemption if loan already paid back.

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149 votes

please provide compete details;

1. actual place??? because State Laws may be different.
2. keep in mind that, mortgage and sale are two different things.
3. who is actual title holder of the property???
4. whether the debt has been cleared??? if yes, how n by whom??? if No, what is outstanding and how the calculations are made???
5. if any litigation is pending then give its details also.
6. give actual dates of different events, like when the loan was taken? when the mortgage was made? when the returns were made? when the litigation started?

because 1 problem has 100 solutions but it depends.
e.g. problem may be same but Indian Law is different from England Law or American Law hence the problems will be solved only in accordance with Laws prevailing in particular area where the dispute arise.

thanks

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