Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Law Aspire (Legal)     22 April 2016

Mortgage questions

Some basci queries on Mortgage under Transfer of Property Act

 

  1. Registration of Mortgage by Deposit of Title Deeds is mandatory or not , as per the Transfer of Property Act,1882.
  2. Mortgage is a Transfer of Property or not? Is it a Transfer
  3. In case of Hypothecation(Which is not used & defined in T P Act) possesiion of the goods hypothecated is to be given or not?


Learning

 4 Replies

pravin bhaskar ghuge   22 April 2016

Dear Sir,

1. What is the maximum time limit of mortgage deed against bank loan?

2. Is old mortage deed is valid for new loans if in case the old loan is recoverd

& the person applies for new loan against old mortgage deed?

Law Aspire (Legal)     23 April 2016

Old Mortgage Deed is not valid for new Loan

pravin bhaskar ghuge   25 April 2016

Dear Sir,

1. What is the maximum time limit of mortgage deed against bank loan?

2. Is old mortage deed is valid for new loans if in case the old loan is recoverd

& the person applies for new loan against old mortgage deed? Sir Please Ditale

Md. Younus (employee)     01 August 2016

Hi,

My query is as under:

Mr. X brother of y (bride) had arrange a marriage of y & z.  Up on request of Z, X get release mortgaged house of Z for Rs.3.25 lakhs in the year June 2010.  In a good faith X has not taken any signature of either Z or his father. 

Property is in the name of Z's father's who expired in 2014. 

X has paid the amount to mortgagee and took the mortgage deed from him, which he mark cancel on the face of agreement and wrote as amount received from Mr. X and signed by the mortgagee along with date, which is prepared on Rs.100/- nonjudicial stamp paper.  Also X took the original, registered Sale Deed from the mortgagee.

After this the relationship between Y & Z got diturbed and Y filed DVC which has been dismissed.  In this judgement it is mentioned that the amount paid to release the mortgaged property cannot be taken as dowry since it has been paid before three months of the commencement of marriage. 

She filed an appeal, this also got dismissed in 2015. 

Meanwhile Mr. Z divorced X in Dec. 2012.

Till date nothing has been done to recover the amount of Rs.3.25 lakhs. 

The original registered sale deed is with Mr. X which has been taken from mortgagee at the time of paying money.

 

QTN.  How can Mr. X proceed to recover the amount now.    Kindly guide in detail.

Thanks


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query