Can mortgagee heirs challenge cheap equity of redemption purchase 1962?
Can the mortgagee’s heirs challenge the purchase of the equity of redemption for only ₹99 in the year 1962 from the mortgagor’s heirs, when there was a registered mortgage deed executed in 1952 for a mortgage amount of ₹2,700 with a mortgage period of 25 years?
Yes, the mortgagee’s heirs can challenge the 1962 sale of equity of redemption for ₹99. Such an extremely low consideration compared to the original ₹2,700 mortgage raises strong suspicion of fraud, undue influence, or an unconscionable bargain. Courts can scrutinize and invalidate such transactions if found unfair, colourable, or intended to defeat lawful mortgage rights. For further legal assistance contact us on our helpline number.
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