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suresh sharma   28 February 2016

Mortgage

My grand father took agricultural land on mortgage. in 1925. The mortgagor sold the land to someone through registered sale deed without mentioning about the existing mortgage which was then existing. My grand father file case in the court to quash the sale deed as it did not mention about the existing mortgage. The sale deed was quashed by the court. The purchaser of land did not file appeal against the court decision. From that time i.e. from 1920 the land is in my possession. Now the mortgagor's great grand son wants to resume the possession of land by paying the mortgage amount after 90 years. Can he do so?



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 2 Replies

Anish Thakur 7018812737 (advocate)     28 February 2016

Yes owner can resume his right after the time period of the mortgage is over. If there is some condition in the mortgage regarding renewal etc then it can be considered to be renewed. Send more detail about the mode of the mortgage and conditions mentioned in it.

suresh sharma   29 February 2016

Mr.Thakur,

Whether the right of the original owner subsists over the property when he had already sold the property to a third person in 1925 disrespecting the existing mortgage.Now the mortgagee is holding the property under the private arrangement with the purchaser who did not file appeal in higher court on persuasion of the mortgagee. Moreover the matter is more than 80 years old.  In law there must be some time limit for resumption of property under mortgage. It looks ridiculous that time limit could be 80 or 100 years.


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