Legal Question in Landlord & Tenant Law in India

03.02.2013

Dear Sir / Madam,

(Pincode does not exist)

A certified true copy of the Title Deed of the land can always be obtained from the District Registrar of Land Revenue's Office on submission of an application, and payment of the prescribed fee. Secondly, even if the property is deemed to have been mortgaged with a bank, nowadays banks insist on registered mortgage. So in all likelihood, the bank would have informed the Registrar of restraint to transfer the title of the land to any person without the bank's consent and permission. This fact too can be easily established from the Registrar.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for further on-line advice at [email protected])

dear client..

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Obtain a certified copy from the Registrar's office. Ask your brother to make an affidavit that the Original is lost. The property being HUF property, it is not easy to mortgage, unless accompanied by a declaration that the same is being done for the benefit of Minors in the HUF. I belive there must be minors in hUF.

You can also urge that your brother had no business to mortgage the entire property, what he can mortgage is only his interest, and nothing beyond that.

Consult a local lawyer, for appropriate advise and guidance.