Upgrad LLM

Sale deed mortgage

This query is : Resolved 
 

(Querist)
13 September 2009

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


vinjamuri ranga babu (Expert)
13 September 2009

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

KUMAR JAGADEESAN (Expert)
14 September 2009

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

Adinath@Avinash PatilOnline (Expert)
14 September 2009

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

Raj Kumar MakkadOnline (Expert)
14 September 2009

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

A. A. JOSEOnline (Expert)
19 September 2009

Agree with Mr.Makkad.riven

Sachin Bhatia (Expert)
08 October 2009

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.



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