Judgement realting to the registered mortgage executed is null and void. THe mortgagor retain the possession from the date of mortgage.
Solicitor Chirag Shah (Advocate & Solicitor) 02 December 2010
Yes Pls give more facts so Query can be solved properly.
Anandakumara MB (Lawyer) 02 December 2010
The registered mortgage was executed in 1945 for 100 Rs with condition that
1. 50 towards clear the previous mortgage and remainder Rs 50 for the mortgage ,. Period is 3 yrs.
2. The mortgagee can continue to enjoy the property till the redumption for the interest of the money.
But the possession was retained by the mortgagor till today. The mortgagor file the suit for declaration by making the false statement that lawfull possession and enjoyment with mortgagee.
The mortgage was 60yrs ago and no notice was issued to mortgagor to redeem the mortgage,
regarsding the same " to make mortgage is null and void" related judgement is required.