Sale deed mortgage (Civil Law)

This query is : Resolved

Author : vinod bansal

PRO CHAT CALL

Posted On 13 September 2009 at 22:55

R/Members
My client mortgaged his land & obtained loan of Rs. 50000/- 13 years back,he had not made any instalement even bank also never send him any notice,latter or reminder or a/c statement till today from the advancement of loan,now my client wants to get return his original sale deed which is still lying with bank,bank has finally declined in writing his oral as well as through legal notice request,further my client has made a alternative request to bank give him only sale deed number or xerox of this sale deed so that he can demarcate his land because he was away from the city for a long time & he could not visit at mortgaged land & now he can not rightly demarcate his land without property land,my client wants to secure his land & this is possible after getting copy of sale deed,but bank has refused to give him no. or copy of sale deed,what is legal position/remedy in such facts.further is it time bar (more than 12 years )case & is it right that now bank cannot claim recovery of loan amount from my client?kindly help.Regardsriven

Expert : vinjamuri ranga babu

PRO CHAT CALL

Posted On 13 September 2009 at 22:57

hi,
you can file mandatory injunctions for recovery of documents stating all the facts and circumstances.
vrriven

Expert : KUMAR J

PRO CHAT CALL

Posted On 14 September 2009 at 07:57

The limitation period for mortgagor for redemption is 30 years and hence if your clinet is willing to redeem the lands now he can file a suit for the same. As part of the suit you can claim an application for production of the documents etc. through the Court ( as part of 6the discovery process)

J.KUMAR
Hyderabadriven

Expert : Adinath@Avinash Patil

PRO CHAT CALL

Posted On 14 September 2009 at 08:38

You can file redemption suit agaist Bank in civil court,as per limitation Act Article 61 limitation period is 30 years,insame suit you can file application for production of all oroginal documents.riven

Expert : raj kumar makkad

PRO CHAT CALL

Posted On 14 September 2009 at 18:46

Proper remedy is only to get the mortgaged land redeemed through civil court and all original documents shall have to be produced by bank including your sale deed lying with it on your demand at the time of evidence and may bank also disclose the contents of your sale deed in written statement.riven

Expert : A.A.JOSE BARODA

PRO CHAT CALL

Posted On 19 September 2009 at 20:12

Agree with Mr.Makkad.riven

Expert : Sachin Bhatia

PRO CHAT CALL

Posted On 08 October 2009 at 10:09

File redemption suit agaist Bank in civil court and all original documents shall have to be produced by bank including your sale deed lying with it on your demand at the time of evidence.