revathi 24 September 2021

Regarding mortgage deed

my father had registered mortgage deed on agricultural land in the year 2010.the other party had not paid the mortgage loan and so the agreement was not cancelled. till date now my father has passed away .what should i do. the legal heir certificate has become a problem. how to cancel the deed without going to taluk office in tamilnadu what is the solution to my problem.

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Dr. J C Vashista (Advocate ) 25 September 2021

You have made the facts confusing as to whether your father (since died) was mortgagor or mortgagee i.e., whether he had lended or borrowed money on the security of agricultural land. What sort of problem/ objection is confronted in obtaining a legal representative certificate from competent authority ? Did you approach the authority ? Mortgage deed can not be cancelled before it is redeemed Consult a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

M V Gupta (Advocate) 25 September 2021

From the narration of the facts, it appears that your father had given a loan against mortgage of the agricultural property. Since the borrower failed o pay the loan you may enforce the mortgage security and recover the loan. To establish that you are the legal heir of your father you can submit documentary evidence such as your birth cettificate, SSc certificate where your father s name is showwn against yours. An affidavit by all the heirs of the deceased declaring the names of all heirs also can be filed.