lavanya (Assistant Professor) 14 June 2012
dear sir,
My dad has two third share and his brother got one third share in a house whis he mortgaged to my dad on 1954 for rs. 2000 which has been registered in a 10 rs stamp paper that the money will be repayed within 9 years if not he accepted to pay the initial amount along with interest including all court expenses if a case has been filed.
No money has been paid. i wonder whether my dad have any right to claim the house after all these years
plz help me
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 14 June 2012
1. If the mortgage is registered then your father has a right to claim foreclosure (that means appropriate the entire property to himself by filing a case in a court of law)
2. If it is unregistered (merely on stamp paper won't do) then it creates no rights and olbigations.
3. Consult a local advocate with copy of Mortgage Deed.
Feel free to talk !
lavanya (Assistant Professor) 14 June 2012
thank u for reply sir
it is registred what r the steps v have to take to claim the house
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