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Anandakumara MB (Lawyer)     19 January 2010

false statement possession of the property

The mortgagee not retain the possession of the property from long back (1945). After mortgage executed the name of the mortgaor appeared in the RTC colmn 9 and 12 (2) because they are in the possession of the proiperty (from 1968-1978) along with the mortgagee in column 9 of RTC.

Suddenly with out any transaction the Name of the Mortgagor was removed falsely in the RTC (1979) but physical possession with the mortgagor. The error occured from the Revenue dept then by the application of the Mortgagor they restored the Name of the mortgagor in Colmn 9 and 12 (2) of RTC and colmn 11 wirth mortgagee's name. The mortgagee is made allegation regarding the possession of the property. The mortgage redemption was not registered. How to prove the Possession before the Court by mortgagor?



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 3 Replies

R.R. KRISHNAA (Legal Manager)     19 January 2010

Once a property is mortgaged, possesssion goes with the mortgageee.  Unless redeemed, the possession is with the mortgagee only.  Since the redemption deed is not registered possession is deemed to be only with the mortgagee.

Anandakumara MB (Lawyer)     19 January 2010

The mortgagor was retained the possession of the property  even after the mortgage was executed  and the same property was mortgaged by the mortgagor's Son  to Co-operative society of the village. THe question is the physical possession of the property was retained with the Mortgagor over 60yrs, then he liable to be the real owner of the property?

Ajith (Head (HRD))     19 January 2010

The real ownership goes to the Sub-Registrar's Office.  For more clarity, an encumbrance crtificate can be obtained for proof.    However, long possession of the proprty by anybody other than the owner and when owner is not paying the tax or other dealings, it may take time for the Court to prove it.  However, the first way is to make an application to the Tahsildar, who can intervene the possession in certain cases and then, if could not,  approch the Court. 

For me, some good land was lost in the heart of the town due to other's possession and due to lack of entrance to my plot, which was cheatingly purchased and registered some neighbours.   Thus the entrance was blocked.  I had to, then tactics among the 3 neighbours, make a lot of destruction of peace of trhe possessors, but could not regain the plot.   (This is sine 1969.


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