Anandakumara MB (Lawyer) 19 January 2010
The mortgagee is not having the original mortgage deed, he lost the mortgagee deed or simply giving the statement of lost.
The mortgage deed will be with the mortagagee till the redumption of the property, but making statement that he lost it.
Also this deed is 60yrs old. What are the consequences?
Y V Vishweshwar Rao (Advocate ) 19 January 2010
The Mortgage can be denied ! -
Let the alleged Mortgagee prove his rights as Mortgagee and creation of Mortgage in his favour !
The alleged Mortgage Deed is of 60 years old ! -Whether it is Registered Mortgage Deed ? if so obtain the Certified copy of Mortgage Deed , if Registeration particulars are available !
R.R. KRISHNAA (Legal Manager) 19 January 2010
Let the mortgagee execute any document in the nature of CONFIRMATION DEED (name it as suitable) or any deed duly registered stating that the original mortgage deed is lost and this new deed stands as a deed confirming redemption, redeeming the mortgage and freeing the liability of the mortgagor.
Anandakumara MB (Lawyer) 19 January 2010
Registered CC available but question is this is complainace from the Mortgagee. The endorsement of mortgage was written in the backside of the Mortgage deed in older days. How this matter will require to favor the mortgagor ?
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