property matter

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

14 June 2010 a land pledged since 1923, with person, now in 2010 owners heirs filed case to get the land. what are the provisions and in whose favor case is strong.

Rasesh

Rasesh (Expert)
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17 June 2010 Depends on the facts of the case and the documentary evidence. It is difficult to decide on the basis of the query.

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Querist : Anonymous

Querist : Anonymous (Querist)

17 June 2010 Thank you sir. The little facts known about the case are it is registered mortagage of 1932. The real owner have died long back, and during the years of his life, he never serve any notice neither tried to the mortgage amount to take land back. the real owner donot have any child of his own. the person claiming the land is very distant relative but was deslared as his legal heir in some other case by civil court.

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Rasesh

Rasesh (Expert)
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17 June 2010 Firstly the mortgage has to be released by payment of the secured amount alongwith interest as per the mortgage deed.

On the basis of the judgement in which the person was declared as the legal heir, he can obtain a probate or sucession certificate from the court.

The chances are that the person who is holding the land since years will not vacate the premises and the matter will have to fought legally.

If all documentary evidence are available, then the chances of the legal heir winning the case are more probable.