Recovery of money related to mortgage property
Md. Younus
(Querist) 02 August 2016
This query is : Resolved
Hi,
My query is as under:
Mr. X brother of y (bride) had arrange a marriage of y & z. Up on request of Z, X get release mortgaged house of Z for Rs.3.25 lakhs in the year June 2010. In a good faith X has not taken any signature of either Z or his father.
Property is in the name of Z's father's who expired in 2014.
X has paid the amount to mortgagee and took the mortgage deed from him, which he mark cancel on the face of agreement and wrote as amount received from Mr. X and signed by the mortgagee along with date, which is prepared on Rs.100/- nonjudicial stamp paper. Also X took the original, registered Sale Deed from the mortgagee.
After this the relationship between Y & Z got diturbed and Y filed DVC which has been dismissed. In this judgement it is mentioned that the amount paid to release the mortgaged property cannot be taken as dowry since it has been paid before three months of the commencement of marriage.
She filed an appeal, this also got dismissed in 2015.
Meanwhile Mr. Z divorced X in Dec. 2012.
Till date nothing has been done to recover the amount of Rs.3.25 lakhs.
The original registered sale deed is with Mr. X which has been taken from mortgagee at the time of paying money.
QTN. How can Mr. X proceed to recover the amount now. Kindly guide in detail.
Thanks
Kumar Doab
(Expert) 02 August 2016
Check with a very able counsel if a recovery suite can be filed now!
R.K Nanda
(Expert) 02 August 2016
Contact local lawyer
Dr J C Vashista
(Expert) 03 August 2016
Show the documents to an able and prudent local lawyer.
adv.bharat @ PUNE
(Expert) 03 August 2016
Check with a very able counsel if a recovery suite can be filed now!
Consult local lawyer.
Rajendra K Goyal
(Expert) 03 August 2016
Any advice is possible only after referring all documets and respective case file.
however, the debt seem to be time barred. Property was not mortgaged with X. If he does not return the original documents, certified copies can be taken.
