Querist :
Anonymous
(Querist) 16 December 2010
This query is : Resolved
My fatherinlaw mortgaged his property for Rs. 10000/=during 1960.After his expiry his legalheirs have so far paid Rs.104000/=clearing the entire loan and interest.The last payment was paid in 2004.Now the legalheirs wants to sell the property.But the mortgagee demands, further, Rs. 2lacs to release the mortgage deed. Is the mortgage deed registered fifty years ago valid now taking Law of limitation into account? Experts,Sir, kindly give your valuable opinion.
Pritam Saini, Advocate
(Expert) 16 December 2010
please explain whole condition of mortgage deed
s.subramanian
(Expert) 17 December 2010
The limitation period for a mortgage gets extended by 12 years with each repayment. If you can give the details of repayments with dates,we can suggest a solution.
Querist :
Anonymous
(Querist) 17 December 2010
With reference to Mr.S.Subramanian's reply,further details are furnished. Date of repayment amount paid (Rs.) 3-6-1970 3000 30-9-1981 500 21-5-1993 500 23-9-2004 100000 No special condition is mentioned in the mortgage deed.Application of LAW OF LIMITATION in this case may be explained.
Advocate. Arunagiri
(Expert) 17 December 2010
This mortgage is valid till 2016.
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