Legal Question in Civil Rights Law in India

I had purchased 1.00 acre from A and his heirs in 2006 june. the property came to A via a registered partition deed between his family. And this particular portion of 1.00 acre was purchased by A 's father in 1942 via registered sale deed.
Now the problem is A's father purchased the property in 1942 and had kept for mortage in 1947 through registered deed to B for a period of 5 years.(a line in the mortage deed says if the mortage is not redeemed within the specific time this it self becomes a sale deed) but he reedeemed in 1951 in unregistered deed. now no original is present for redeemed mortage as well as the registered mortage deed. now after 40 yrs the heirs B are claming the property through the mortage deed ((a line in the mortage deed says if the mortage is not redeemed within the specific time this it self becomes a sale deed). so please advice.....whether the B is eligible for title

Asked on 11/21/11, 6:30 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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The mortgagee may need to file a civil suit for declaration of ownership and possession; you will get adequate opportunity to defend.

Answered on 11/21/11, 5:28 pm

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