Return of mortgaged property

My mother in law is the owner of the house because of the finance issue we gave our house on heavy deposit for 2yrs nd we also given our original paper to them… But now they finish there agreement in month of January nd they are not ready to vacate our house they are saying we have purchased this house nd till now it's on my mother on law name plz suggest me what to do….

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hi,

In this case, firstly you need to prove that the property was given on heavy deposit that can be proved by that agreement. Make sure that you have an original agreement with you which will play an important role as evidence as upon which the case will be decided. Therefore, you need to file a case for recovering the possession of the property as by filing the case under Order 20 Rule 12 of Civil procedure code, 1908. secondly, if you don't have an original document then don't need to worry about that you can take the plea the possession of the document are with the opposite party under Section 65 of the Evidence Act that is why you are not able to produce that, so you can provide certified copies of the property to the court to prove the ownership of the land.

 

Regards,

Jayant Garg

Answered on October 24, 2017.
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