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Anandakumara MB (Lawyer)     08 November 2010

Usufructuary Mortgage executed in 1945 is null and void

The mortge was executed in 1945, the mortgagor was retain the possession of the property so for. and not delevered the possession to the mortgagees. The mortgage was executed by the grand father of the applicant. The possession was retained by the mortgagor and applicant's father was mortgage the same property to the village co-operative society in 1964.

The mortgagee's legal heirs was file the suit for injuction and same was set aside.

To  proove the mortgage is null and void what are the laws and rule can be considered???



 3 Replies

R.Ramachandran (Advocate)     08 November 2010

Before giving the views one has to know the terms and conditions of the mortgage.  Further, when the said property was already under mortgage, how come the father of the applicant was able to mortgage the same property to the Co-operative Sockety?

Anandakumara MB (Lawyer)     09 November 2010

Mortgage conditions was  "

1. 3 years, if not redeem till the date of redeem enjoy the property by mortgagee"

2. Mortgage (1945)  amount was Rs 100 out of that RS 50 to clear the previous mortgage and keep the deed with the mortgagor..

The previous mortgage ( 1942) was cleared by the mortgagor instead of clreared by the mortgagee.

The second mortgage was clreared or not have no documents.

The possession was retained by the mortgagor till date. The mortgagor son was mortgage the property to society in 1964. NOw legal heirs of the mortgagor and mortgagee are disputing the schedule.

Anandakumara MB (Lawyer)     09 November 2010

Mortgage conditions was  "

1. 3 years, if not redeem till the date of redeem enjoy the property by mortgagee"

2. Mortgage (1945)  amount was Rs 100 out of that RS 50 to clear the previous mortgage and keep the deed with the mortgagee.

The previous mortgage ( 1942) was cleared by the mortgagor instead of clreared by the mortgagee.

The second mortgage was clreared or not have no documents.

The possession was retained by the mortgagor till date. The mortgagor son was mortgage the property to society in 1964. NOw legal heirs of the mortgagor and mortgagee are disputing the schedule.


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