N.K.Assumi (Advocate) 23 February 2012
Mortgagor can mortgage to the mortgagee, but the mortgagee can not dispose the property without the consent of the State Government. Is it a valid mortgage? consider this, if the mortgagee accept the mortgage property and the mortgagor failed to redeem the property and the state government refused consent to the mortgagee in disposing of the property what will be the rights of the mortgsgee? can some one comment on this?
N.K.Assumi (Advocate) 23 February 2012
i am really disturbed by the manacle power of the state government over the mortgagee's rights in disposing off the mortgaged property, as the State government is not even the guarantor of the mortgagor nor in the picture in the mortgage agreement;but simply have the manacle power over the mortgagee.Grateful if someone can comment on this law.
Shantilal Pandya ( Advocate) 23 February 2012
it is necessary before any opinion can be expressed to go through the enactment banning sale it may be subject to certain conditions or other relavant certain conditions limiting its application etc please reproduce the relevant text. . normaly state govt . cannot do it so as to override the application of central act provision
Shantilal Pandya ( Advocate) 23 February 2012
the constitutional validity will also be a question
ThomasS 12 September 2020
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