Mortgage
Querist :
Anonymous
(Querist) 14 August 2011
This query is : Resolved
As per section 17(2)(xi) any endorsement on a mortgage deed acknowledging the payment is of whole or any part of mortgage money is not required to be registered.
In my case we had paid the full mortgage money and redemed the property 50 years back. The endorsement was made on the mortgage deed. However, the orginal mortgage deed is lost.
In lower court it is held that Mortgage is redeemed. However, the case has gone to high court , the sustantial question of law is whether the mortgage redemption can be assumed in the absence of registration.
In view of the Registraion Act mentioned above registration was not required if it is endorsed on the mortgage deed. Since we don't have the mortgage deed orginal, what is the other alternative for us to fight the case
R.Ramachandran
(Expert) 14 August 2011
To claim that the mortgage has not been redeemed so far, it is the mortgagee who has to produce the original mortgage deed and not the mortgagor.
If the mortgagee produces the original mortgage deed, naturally it will show the endorsement of repayment. Non-production of such an original mortgage deed would warrant adverse inference against the mortgajee.
Therefore, I am not able to understand why you (being a mortgagor) is looking for the original mortgage deed.
More over, please tell who is in possession of the mortgaged property now.
Querist :
Anonymous
(Querist) 14 August 2011
Thanks Ramachandran Sir.
We are in the possession of the Mortgaged property. Though lowercourt made the same points what you pointed out and case is in favour of us. Mortgagee has gone to HIgh court on the ground The Redemption of mOrtgage is not registered. High Court allowed the appeal to decide in the absenceof non-registration of redemption deed and orginal mortgage deed is not available, can it be inferred that REdemption of mortgage debt is made.
niranjan
(Expert) 14 August 2011
When the mortgage is redeemed,the original mortgage deed is returned to mortgagor with endorsement that mortgagee has received money and the possession is transferred to mortgagor.So possession speaks of redemption and since original mortgage deed is not available with the mortgagee and if he is not producing to say that mortgage is not redeemed, there will be adverse inference.
