Mortgage (charge) on the property
M.Chandra shekar
(Querist) 15 February 2018
This query is : Resolved
Dear Sirs,
My client has an agricultural property bought in 1998 in Bangalore and was not aware of the mortgage charge on the property which was executed in 1945, which is reflected in the encumbrance certificate.
Now, the lender/mortgagee or his legal heirs are not traceable. The mortgage consideration is Rs.200/-.
How to resolve this matter/subject.
a). By initiating declaratory suit in the jurisdictional court?
b). By initiating Misc petition in the jurisdictional court?
c). Under A62 of The limitation Act of 1963-barred by time?
Please provide your valuable suggestions and views.
Thanks and Regards,
MC
Isaac Gabriel
(Expert) 15 February 2018
By initiating declaratory suit is the remedy.
