Sale of mortgage property

"Pradeep Patil" :

You could be prosecuted u/s 406 (criminal breach of trust) of the Indian Penal Code.  Inform the Bank that their dues will be settled and take their consent / approval letter and then sell the property.

Keep Smiling ... Hemant Agarwal.

U cannot sell the morgaged property until loan is fully repaid or bank gives written consent for this purpose. 

A mortgager has twelve years time to file a suit against a mortgagee.

The Proeprty Can not be sold by you untill the Banks declares that  mortgage is discharged . The period  of ten years is not point .The Mortgage claim of the Bank is of a special nature,  the mortgage can be enforced till 12 years and on filign the Mortgage Suti and after passign  Final  decree another twelve years time is avaible  tot the  Creditor- Mortgagee - Bank . Do not Sell  the proeprty untill the Bank   gives consnet or the Mortgage is discharged on payment of the balance  mortgage due amount .

i agree with my lerned advocate friend.WITHOUR ORIIGNAL DOCUMENT , NO SALE IS POSSIBLE.

As rightly pointed out by all herein, you legally cannot sell the property, if you do, you risk facing criminal charges by the Bank, moreover no one will purchase your property without inspecting the original sale deed and municipal approval documents, etc.The 10 year issue you have raised is immaterial and explained to you herein. Had the Bank registered the mortgage then there would have been endorsements on the 7/12 extract about the encumbrance, but it has not done so still that does not absolve you of the prime duty to clear off your loan amount. After all it's people's money that is at stake here.

equitabe mortgage deed need not be registered in a towns which are  notified by the  state govt  in this regard