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Sekar   09 March 2020

Mortgage deed after 13 yrs

Hello Kindly help A mortgaged Land without handing over possession to B around 19 yrs ago. No suit was filed to recover amount by B in this 19 yrs. Can B claim ownership of this land now? Is the mortgage deed valid to claim.anything in court now?


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 7 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     09 March 2020

Dear querist,

B has to approach civil court and file civil suit.

Regards,

Shashi Dhara   09 March 2020

If it is morgaged then he can demand to repay mortgage amount if not he has to file suit to recover it by selling land thru court.

Shashi Dhara   09 March 2020

He cannot claim ownership over mortgaged land unless he obtaining or seeking permission tru court.

Naresh Dhanjal   09 March 2020

when did you default for payment? which date and which year?

Sekar   10 March 2020

Good morning Sir Not a rupee paid till date from 2001 when registered mortgage deed without possession was made.

Shashi Dhara   10 March 2020

Very good you are real gentleman not paying single rupee repayment after mortgage .let others follow you.dont worry he has to approach court for recovery of money with selling mortgaged lands.you drag it in court and bargain and pay the mortgaged amount.
1 Like

Sekar   10 March 2020

Sir Thank you for the compliments. Fortunately the land has been declared as assigned land long back and so it cannot be sold.

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