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Mortgage

Querist : Anonymous (Querist) 26 October 2011 This query is : Resolved 
I was going through some case laws it is held that Limitation act will not apply to Usufructuary Mortgage. Mortgagor is entitled to redeem the property even after 30 years. Is that correct?

Case name: SUPREME COURT
2005(4) RCR(Civil) 841 Harbans V Om Praksh and Others
Panchanan Sharma v.Basudeo Prasad Jaganani& others JT 1997(10) SC 553

High court of Punjab and Haryana, Chandigara

Karnail Singh & ORS V Dharam Singh
Harbans V Om Prakash

Raj Kumar Makkad (Expert) 26 October 2011
Your presumption is correct.
Adv.Shine Thomas (Expert) 27 October 2011
It is correct
Sailesh Kumar Shah (Expert) 27 October 2011
No reason to differ.
Y V Vishweshwar Rao (Expert) 27 October 2011
I agree with you - the Mortgagor can redeem the Mortgage when he is entitled to redeem Mortgage!
M.Sheik Mohammed Ali (Expert) 27 October 2011
yes, i do agree expert query reply
Devajyoti Barman (Expert) 27 October 2011
Since the Supreme Court has already ruled in this aspect, we are nobody but to adhere to it.


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