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?
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