Mortgage deed validity


HI 

 

Any input on this is highly appreciated.

One of my friend's property was registered under mortgage with a private finance person in 1995. The money was returned back in 6 months time during the same year 1995 and the property documents was returned to my friend (owner). They have done a mistake in cancelling the registered mortgage deed and now when we take EC its still appearing and says this property has mortgaged registered.

The private finance person is no more and thier son/daughter are not in India. 

1. Is this mortgage still valid ?

2. How to removed the registered mortgage and cancel it ?

 

Any input on this will surely help, we have been struggling to get answers and take decision. as we have to proceed taking loan using property.

 
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two ways .1. approach appropriate jurisdictional court by annexing Ur paid receipts or payment settled proofs. 2. write letter to sub registrar to rectify the err committed by staff or by them 2a. write letter to RBI and relevant financial authority to ascertain and resolve.
 
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writ of mandamum can b given as last remedy for yr case. coz if u approach directly to high court, they may ask u to exhaust remedy available first( that is what ever I said above 1,2,2a)
 
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which one is the best and first step in above points sir
 
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Go with letters first, bribe if needed. Than having huge expenses for courts
 
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subregistrar/supdt.(retired)

As it was a registered Mortgage deed, after return of mortgage amount, a re-conveyance of mortgage deed shall be registered.  But in your case, the reconveyance of mortgage deed was not registered.  After registration of the said entry will be appeared in EC.  And the legal heirs of the financed person shall execute the reconveyance of mortgage deed.. so request them to execute.  As they are out of country, get the reconveyance of mortgage deed prepared and send it to them with attested power of attorney.  After receipt of India, the same shall be validated and the person of Attested Power of Attorney execute the deed. 

 
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Thanks Muhammed and Satyanarayan They dont have any receipts for paying the local finance person who gives money for interest. They dont remeber this event also. They have took the copy of document from registrar office and came to know the persons name and address after searching for him heard that he is passed away and their son/daughters has been settle outside India . Dont have the contact of them also. They remember that they have returned money and got the documents in return as they were not aware of such release of title of property registered as mortgage. They have also kept documents several times later in govt banks for loan and cleared the title upon payin them back automatically by banks. Now they going for a huge loan in private banks like hdfc where they expect such release of property from mortgage. So they are helpless now. 1. We can write a letter as suggested to sub registrat? 2. Try to find their son/daughter to help releasing the mortgage by power of attorney , not sure if thier son daughter has the power to do in absence of thier father. Again this option is a challenge as we dont know thier contacts. 3. The witness who have signed is locally staying here. With the help of them can anything be done. Please suggest. Thanks for you help.
 
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"They have done a mistake in cancelling the registered mortgage deed and now when we take EC its still appearing and says this property has mortgaged registered", what it means, 1). Have you (mortgagor and mortgagee) appeared before the Sub-registrar at the time of cancellation of registered mortgage.?  2). Is Mortgagior is still alive.?  3). In which place mistake is appearing in EC.?           .................... to be clarified first.

 

 
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As it was a registered Mortgage deed, after return of mortgage amount, a re-conveyance of mortgage deed shall be registered. But in our case, the reconveyance /cancellation of mortgage deed was not registered. . the financed person is not alive and he failed to do the cancellation of the mortgage after he received the money. Now in ec it still appears like this property is mortgaged for so and so amount and not released from it stil.
 
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