validity of mortgage deed
Suhas Baburao Shiroshi
(Querist) 06 February 2010
This query is : Resolved
Dear sir, If one mortgage deed includes different 37 properties in different cities have 2 major mistakes as name of village is not noted, just it is noted as in the juridiction of this taluka registrar other details such as property no. is noted. The another mistake is one property not owned by mortgagee but mortgaged. This property was owned by another person and who was not the mortgagee. Is this deed valid/ legal?
R.R. KRISHNAA
(Expert) 06 February 2010
The deed is valid only in respect of the properties owned by the mortgagor. The property owned by the stranger is not covered by mortgage. Doctrine of severability applies here i.e., if the valid portions of the deed are able to seperated from the invalid portions of the deed then the valid portions can be given effect to and will be held valid.
The other mistakes (not noting the name of village, etc etc) stated in your query is not serious to invalidate the deed.
Thus the deed is valid as stated above.
Raj Kumar Makkad
(Expert) 06 February 2010
The opinion of Krishnaa is accurate in the given facts.
Sachin Bhatia
(Expert) 06 February 2010
agree with the above experts
Y V Vishweshwar Rao
(Expert) 07 February 2010
The Omission of Village etc can be rectified by rectification Deed .
I agree with MR R R Krishna
