Legal Question in Real Estate Law in India
Dear sir,
This is Venkatesan from Ariyalur,Tamilnadu, India. Sir i &my father had excuted the conditional mortgage of our ancestral land of One acre to Mr. Govindasamy of our village for one year. Within that one year my father contacted him for repayment of the money, but he refused to accept and asked more money meanwhile he transformed the property to his name( after one year) but he did not informed us. Then we went to municipal court of our native( Ariyalur , Tamilnadu).When the case is going on Mr.Govindasamy died .his son sold the property to another person. last week the verdict came infavour of Mr.Govindasamy. Can we go for appeal sir.
5 Answers from Attorneys
Yes definately, a mortgaged property cannot be sold. you can file a case of 420 against govindasamy and his son, coz govindaswami is died therefore his son will be the main accused and also made the party to other purchaser and on other hand file an appeal.
Your further clarification is welcome at nominal fee at;
Advocate
PB. & HRY. HIGH COURT CHANDIGARH (INDIA)
With Regards
Yes, you are entitled to file an appeal. However, the person in whose land has been sold subsequently should also be made a party to the proceedings.
a mortgaged land cannot be sold or owned by the mortgagee and it is against the set norms of law. it is advisable that you post the order of the trial court here so the lawyers are able to give you a proper advice whether to go for appeal or not.
Yes, one can prefer an appeal.
Any mortgaged property cannot in anyway become the property of the mortgager as per TP act the mortgager cannot transfer or alienate the proeprty by himeself or to any third party and its a criminal case against such person so prefer an appeal immediately for the relief.
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