Usufructuary Mortgage Question - Need inputs
Namaste Sir /Madam, Mr Ram mortgaged 7 agricultural proerty items to Mr Sham for 10 year time period with possession (Usufructuary Mortgage). Again After 7 years Mr Ram wents to Sham and Sham splits the mortgaged property into two parts and re mortgages / sale in name of Wife of Sham. ie., one as Mortgage deed and 2nd as sale deed, with a condition to pay back the first mortgaged money to her husband Sham ie., 1st Mortgagee and get redeemed (take title to her name).
But Wife / 2nd mortgagee / purchaser did not act to above said condition laid down in the mortgage or sale deed. She has never paid the money to her husband to get redeemed.
Question is : 1. Will the wife / 2nd mortgagee / purchaser in the absense of non complying the condition cited above in the deed, will wife get the TITLE over the property ?
2. What is the position of Ram / Mortgager
3. Under these circumstances which section of TP act are violated by Wife / 2nd Mortgagee.
4. Will the 2nd Mortage deed / sale deed will become VOID ?
Can you pls assist with the answer