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Anandakumara MB (Lawyer)     05 January 2010

original deed lost

The original mortgage deed was lost long back, but no complaint was lodeged. What are the consequences with out the original mortagge deed? I am doubt about the any endrsement was written in the original deed.



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 5 Replies

Daksh (Student)     05 January 2010

Dear Mr.Anandakumara MB,

You have not mentioned whether this mortgage deed was registered or not.  In case it is a registered deed you can have a certified copy.  Otherwise about the endorsement part we may seek clarification qua the title documents or municipal records. 

Hope  this clarifies your query.

Best regards

Daksh

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     05 January 2010

Now lodge a complaint. You may write therein that it was checked after a long gap and now it found missing. being a non-cognizable offence, only DDR shall be cut and it shall be sufficient to obtain duplicate deed from the office of the registrar wherein the original deed was registered.


(Guest)

Firstly, you give a public notice in the newspaper. Secondly, you give an individual notice to the mortgagor who pledged the property to the mortgagee. Thirdly, Suit for Foreclosure of mortgage may be filed immediately and claim the mortgage money back. The mortgagee may also get interim injunction against mortgagor not to alienate, mortgage, sell the mortgaged property till the disposal of the suit. If the mortgagor comes forward with a plea to extend the time of repayment, the mortgagee may ask him to execute a fresh mortgage deed recording the loss of the earlier one which had given room for this new deed. All the above will protect the interest of the mortgagee.

Anandakumara MB (Lawyer)     06 January 2010

deed was executed in 1945, no complainant, no notice issued to mortgagor, What steps to take to protect the mortgagee's money?

Waht action from  the mortgagor to protect their interest?

How mortgagor  will alienate the mortgage deed and what are the ways to alienate the mortgage deed?

Nali Seshu Kumar (SOCIAL WORKER)     16 January 2010

your query is on the time barred debt ,mortgagee has no remedy .


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