Redemption of mortgage not registered

praveen (Querist) 06 July 2011 This query is : Resolved
If Mortgagor has redeemed the mortgage registered at the time of mortgage. But he did not register the redemption of Mortgage. What is the implication of this?
is this as good as Mortgage not cleared.
Do we have any decided cases on this?
Can somebody throw some light on this

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Raj Kumar Makkad (Expert) 06 July 2011
If redemption of mortgage is not duly entered in the concerned record, it shall be presumed that mortgage is still going on and it has not been redeemed. No separate law is required to be cited to understand this common law. If money was given by one person in writing to another on loan and if no counter writing is made while re-paying, it shall be very well presumed that no repayment has been made unless both parties admit.

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