Mortgage Deed

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Question 1:  what is legal status of A over the property, he has to be file for redemption suit against B

Answer: A can file for suit for redemption till the period of limitation exists. Possession of the property of A is with B. But the ownership is still with A, if A can make the payments which were due.

Question 2: What is the legal status of B over the property, B has not filed foreclosure suit till date and transferred the rights pavathi khatha in his legal heirs and they are sell the property to C.

As per section 69 of the Transfer of Property Act, 1882 B has the right to sell the mortgaged property in default of payment of the mortgage-money, without the intervention of the court if the conditions mentioned in the provision are fulfilled.

Question 3: What is the legal status over the property of C.?

Answer- As per section 69 (3) of the Transfer of Property Act, The title of the purchaser (C) shall not be impeachable on the ground that no case had arisen to authorise the sale, or that due notice was not given, or that the power was otherwise improperly or irregularly exercised; but any person damnified by an unauthorised or improper or irregular exercise or the power shall have his remedy in damages against the person exercising the power. 

Thus, the title of C on the property cannot be questioned if the sale is made as per the conditions mentioned under section 69 of the Act.

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