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How to get back the Mortgaged Property?

Querist : Anonymous (Querist) 05 May 2010 This query is : Resolved 
Respected Experts,


“A” has given some amount to “B” on some landed property and executed a Mortgage deed, four years back. While executing the said deed, “B” has given some original link documents to “A” for proof of evidence. Since “B” is close friend of “A”, did not insist him to give original documents of the said Mortgaged property.

In the said Mortgage Deed the following clause is there.

“In case, the Mortgagee fails to pay the entire amount with interest within a period of 4 years from the date of this document, the Mortgagor is at liberty to get register the said Mortgaged property in his favour or his nominee, after expiry of the said period”

So in these circumstances what are the legal remedies “A’ have?
In this I am clarifying that:-

1) The Mortgage deed was executed on a Rs.100/- stamp paper and it is a un-registered document.
2) We are not having the original documents of the Mortgaged property.
R.R. KRISHNAA (Expert) 05 May 2010
Since the mortgage is not registered it is not valid and no mortgage has deemed to be effected in the eye of law.
G. ARAVINTHAN (Expert) 11 May 2010
Krishna is right


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