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Mourougane   17 November 2023

Degree against mortgauge

Respected aw experts, happy morning, I was purchased a land extent of 4.75 acres on 2015 with mortgage of INR 50000/-. The mortgage was happened 2004. I sm unaware of the mortgage was filed a case 2014. The previous land owner was hide. In this regard now judgement was degree finilalised total tune of 135000/-.The previous owner not to pay ad per promise at the time of registration. Now I am ready to pay in installments to settle the issue. I was apporched opposite party to settle the amount. But opposite party says I gave legally 50000 apart from this gave some amount. So in thus regard need clarification can I pay in direct to court against the degree passed. Pl guide. And send the format to acceptance of the degree amount. Thanks



Quick Summary
A landowner purchased land with an existing mortgage that the previous owner failed to disclose. A court decree has now been finalised for the mortgage amount. The current owner is seeking guidance on whether they can pay the decree directly to the court and how to potentially settle the debt in instalments, especially if they were not initially party to the mortgage suit.

 2 Replies

P. Venu (Advocate)     17 November 2023

Technically, you are liable only if the decree is executed against you. The decree holder is required to give you due notice at that stage.

T. Kalaiselvan, Advocate (Advocate)     18 November 2023

If you were not impleaded as a party to the mortgage suit then you are not liable to repay the mortgage loan.

However you can file a petition to implead yourself as necessary party and request court to permit you to make the repayment in equal installments.


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