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UIn 1992, my late father gave a loan to a borrower, and the borrower’s property was mortgaged to him as security. The mortgage was registered at the time. My father passed away in 1999. The property is still in his name, and:
The original mortgage deed is missing.
No payments were ever received from the borrower, atleast not that I know of.
The borrower is still alive, and there has been no legal communication since the mortgage, but now he has approached us for settling the property back in his name as he represents that all payments have been made – I’ve asked for proof of payments – he doesn’t share any.
I am the only daughter.
My mother has remarried, and I have not yet obtained a legal heirship certificate.
Given these facts:
1. What are my rights over the mortgaged property? Can I claim possession / claim the property in my name since there is non-payment of dues by the borrower?
2. Is the process to recover the loan or claim the property time barred?
3. Does my mother’s remarriage affect her or my rights?
4. How do I start the process of claiming legal rights as my father’s heir?
Any guidance on what steps I should take now would be greatly appreciated.
The property is in ranipet district, tamilnadu.
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