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Conflicting provision on registration of mortgage redemption.

Querist : Anonymous (Querist) 03 November 2011 This query is : Resolved 
As per Section 60(c) of Transfer of Property Act, 1882 at the cost of the mortgagor either to re-transfer the mortgaged property to him or to such third person as he may direct, or to execute and (where the mortgage has been effected by a registered instrument) to have registered an acknowledgement in writing that any right in derogation of his interest transferred to the mortgagee has been extinguished: According to this provision registration is compulsory.

However, as per 17(2)(xi)of Registration Act, Registration of redemption is not compulsory,
The section provides as follows

any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage

which provision overrides? is it compulory to register the redemtption of mortgage?
prabhakar singh (Expert) 04 November 2011
Only notation on the original deed completes
the redemption,no registration required.
Shailesh Kr. Shah (Expert) 07 November 2011
There is no requirement for registration, Simply do as advised by Shri Singh.


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