Mortgage

Querist : Anonymous (Querist) 15 July 2011 This query is : Resolved
Registered Mortgage was redempted and possesion was taken by Mortgagor and continued to be in possession. However, redemption was not registered. After 30 years, Mortgagee again tried to occupy the Property saying the Mortgage is not redempeed?

What is the best course for Mortgagor, is it suit for redemption or suit for Possession.
I think suit for redemption is not possible becuase of Time limit.

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R.Ramachandran (Expert) 16 July 2011
It is neither suit for redemption nor suit for possession (since according to you possession is already with Mortgagor), it will only be suit for permanent injunction, injuncting the mortgagee from forcibly dispossessing the mortgagor.

Querist : Anonymous (Querist) 18 July 2011
thanks ramachandran, is there any time limit for this suit. Since possession is with us

R.Ramachandran (Expert) 18 July 2011
If there is no threat of dispossession or behind the back action against you by the other party, you need not precipitate the issue.
However, if the threat is imminent, it would be adviseable to file the suit without wasting time.

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