Re transfer of property on mortgage.
My mother had mortgaged an agricultural land (Anakapally AP) in 2001 through mortgage registration for 1 lac rupees for which she had payed the entire amount with interest in the court on 2003 as the mortgagee had moved to court for the same. And the case was settled as the mortgagee received his money which he and his lawyer acknowledged. As my mom and my father
(Ex Army) thought after settling the amount in court, the property name would be automatically transferred on my mom,s name, they forgot to bother about that. But in 2011, when we applied for Encumbrance Certificate, the EC is showing the land under mortgage and the Mortgagee's name. Now we are unable to contact the mortgage, as he has moved out of the town and unable to contact him. Kindly Advice me on how can my mom get back her name in the EC certificate. Note: We have settled the mortgage in the court and records are present with us.
Steps my father had taken: 1) Consulted a lawyer in Ankapally (AP) where the case has been settled, who said we need to send three notices to him after which we can proceed further.
2) Consulted another lawyer in Hyderabad high court, who has said that we can file a petition.
3) Another gentleman has asked to verify with the sub-registrar that how to proceed with the issue.
Ur kind advice would be very very appreciable.