Mortgage
Querist :
Anonymous
(Querist) 07 August 2011
This query is : Open
As per section 17(2)(xi) any endorsement on a mortgage deed acknowledging the payment is of whole or any part of mortgage money is not required to be registered.
In my case we had paid the full mortgage money and redemed the property 50 years back. The endorsement was made on the mortgage deed. However, the orginal mortgage deed is lost.
In lower court it is held that Mortgage is redeemed. However, the case has gone to high court , the sustantial question of law is whether the mortgage redemption can be assumed in the absence of registration.
In view of the Registraion Act mentioned above registration was not required if it is endorsed on the mortgage deed. Since we don't have the mortgage deed orginal, what is the other alternative for us to fight the case
