Sekar 09 March 2020

Mortgage deed after 13 yrs

Hello Kindly help A mortgaged Land without handing over possession to B around 19 yrs ago. No suit was filed to recover amount by B in this 19 yrs. Can B claim ownership of this land now? Is the mortgage deed valid to claim.anything in court now?

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Quick Summary

A mortgage was established 19 years ago without possession being transferred. The lender (B) has not filed a suit for recovery and no payments have been made since 2001. The discussion explores whether B can claim ownership or enforce the mortgage deed now. It's advised that B must approach a civil court to recover the amount, potentially by selling the land, and cannot claim ownership directly. However, the land has since been declared assigned land, preventing its sale.

7 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 09 March 2020

Dear querist,

B has to approach civil court and file civil suit.

Regards,

Shashi Dhara 09 March 2020

If it is morgaged then he can demand to repay mortgage amount if not he has to file suit to recover it by selling land thru court.

Shashi Dhara 09 March 2020

He cannot claim ownership over mortgaged land unless he obtaining or seeking permission tru court.

Naresh Dhanjal 09 March 2020

when did you default for payment? which date and which year?

Sekar 10 March 2020

Good morning Sir Not a rupee paid till date from 2001 when registered mortgage deed without possession was made.

Shashi Dhara 10 March 2020

Very good you are real gentleman not paying single rupee repayment after mortgage .let others follow you.dont worry he has to approach court for recovery of money with selling mortgaged lands.you drag it in court and bargain and pay the mortgaged amount.

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Sekar 10 March 2020

Sir Thank you for the compliments. Fortunately the land has been declared as assigned land long back and so it cannot be sold.