AI Overview...
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Unregistered Mortgage Deed - A mortgage deed that is not registered is generally inadmissible as evidence to support claims of ownership or recovery; courts have emphasized that registration is essential for enforceability and validity of mortgage claims Gaurav Rose Real Estate Pvt. Ltd. VS Blue Horizon Hotels Pvt. Ltd. - Karnataka, SOHRAT VS STATE OF U. P. - Allahabad, Chunnia VS Keshri Mal - Rajasthan.
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Legal Implication of Non-Registration - Without registration, the mortgage deed cannot be used to seek sale, recovery, or enforce rights against the property. Courts have held that unregistered deeds do not create enforceable rights and cannot support recovery suits or claims of possession SANGLI BANK LIMITED, BELGAUM VS CHANDRASHEKAR CHANNABASAPPA KARCHI - Karnataka, Punit Mahton VS Mahabir Mahton - Patna.
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Case of Forged or Suspected Forged Deed - When a mortgage deed is alleged to be forged and unregistered, courts find sufficient grounds to proceed against the petitioner or defendant, especially if witnesses deny execution, indicating a civil dispute based on forged or fraudulent documents SOHRAT VS STATE OF U. P. - Allahabad.
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Limitation and Validity - Suit for redemption or recovery based on an unregistered mortgage deed is barred if filed beyond the statutory period (typically 15 years), rendering such claims invalid Chunnia VS Keshri Mal - Rajasthan.
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Equitable Mortgage and Registration - Equitable mortgages created by unregistered partition or other documents are not enforceable unless registered, affecting the rights of parties and the validity of claims based on such documents Uco Bank, Madras VS Sukra Shoe Fabric and Others - Madras.
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Effect of Registration on Sale and Recovery - Courts have ruled that a registered mortgage deed is a prerequisite for initiating sale or recovery proceedings; without registration, the bank or plaintiff cannot validly enforce the mortgage or seek sale of the property SANGLI BANK LIMITED, BELGAUM VS CHANDRASHEKAR CHANNABASAPPA KARCHI - Karnataka.
Analysis and Conclusion:
A mortgage deed must be registered to be valid and enforceable in India. Unregistered mortgage deeds are inadmissible as evidence for recovery, sale, or possession claims. When a mortgage deed is forged, unregistered, or filed beyond the statutory period, courts are inclined to dismiss such claims or proceed cautiously, emphasizing the importance of proper registration for legal validity. Therefore, in cases where the mortgage deed is not registered, the claimant’s rights are generally not upheld, and legal remedies are limited or barred.
Search Results for "Mortgage Deed Not Case Registered"
2011 0 Supreme(All) 180 • India - Allahabad
S.C.AGARWAL
a purely Civil Dispute—Case of petitoner depends on alleged forged mortgage deed—Which is not even registered—Marginal witness of ... alleged mortgage deed also denied its execution—Sufficient grounds to proceed against petitioner—Rightly summoned to face trial. ... Complaint—Summoning order—Challenging of—Allegations that petitioner with intention to grab property of complainant—Prepared a forged mortgage
2005 0 Supreme(Kar) 388 • India - Karnataka
V.GOPALA GOWDA
Gopala Gowda, J]: The mortgage deed is not registered. ... Gopala Gowda, J]: The mortgage deed is not registered. ... Gopala Gowda, J]: The mortgage deed is not registered. ... In the absence of registered mortgage deed, the Bank should not have sought for sale of mortgaged property and the ....
1992 0 Supreme(Mad) 235 • India - Madras
ARUMUGHAM
the equitable mortgage was not registered. ... , as the partition deed creating the equitable mortgage was not registered and the respondents did not have any right or interest ... Finding of the Court: The court found that the partition deed was not registered due to non-payment of stamp duty and ... As the document has not been registered, and since the resp....
2017 0 Supreme(P&H) 1591 • India - Punjab and Haryana
ANIL KSHETARPAL
based on a registered mortgage deed. ... Mortgage - Recovery Suit - Evidence Act, 1908 - Section 68 Fact of the Case: Plaintiff filed a suit for recovery ... Ratio Decidendi: The examination of attesting witnesses was not necessary as the document was registered and defendant No.1 ... In the present case, Hukmi is said to have executed the mortgage deed. Hukmi neither filed written statement to contest the suit n....
1981 0 Supreme(Raj) 296 • India - Rajasthan
K.D.SHARMA
PERIOD - 15 YEARS FROM THE DATE OF ACCRUAL OF CAUSE OF ACTION - MORTGAGE DEED NOT REGISTERED - SUIT FILED BEYOND 15 YEARS - BARRED ... The limitation period for a suit for redemption of mortgage based on an unregistered mortgage deed was 15 years from the date of ... to the case because the usufructuary mortgage of the disputed land was made before the commencement of the Act. ... In the instant case, the petitione....
2009 0 Supreme(Raj) 12 • India - Rajasthan
PAWAN CHANDRA
blh izko/kku dk lkjxfHkZr foospu djrs gq, ekuuh; jktLFkku mPp U;k;ky; us eq- izse ckbZ cuke dsykjke o vU; ds fu.kZ; ds iSjk la[;k 10 esa mYysf[kr fd;k gS fd& ... "Where it is claimed that property develves by reason of Will, this should be treated as a case
1995 0 Supreme(SC) 817 • India - Supreme Court
FAIZAN UDDIN, S.B.MAJMUDAR, S.P.BHARUCHA
Sale Deed after redeeming mortgage –Held, Plaintiff namely suit house which was earlier mortgaged - It is not case of defendants ... Sale Deed in her on or before and that she had to pay remaining amount time of execution of registered Sale Deed- It was her case ... that entire suit house was not mortgaged but only ground floor portion was mortgaged and upper floor portion was #H....
1959 0 Supreme(Pat) 22 • India - Patna
S.C.PRASAD
was registered? ... a case of modification or rescission of the mortgage, but rather a case of total extinguishment of the liability under the zarpeshgi ... of Harkhu Singh, the original mortgagee. ... The first point is of law, viz., that the original zarpeshgi deed was a registered one which could be varied, or rescinded by another registered document and not by any oral transaction and, therefore, the plea of the defendants of th....
2024 0 Supreme(Kar) 577 • India - Karnataka
H. P. SANDESH
Deed executed by the defendant, which was not registered. ... (Paras 31-34) ... ... Facts of the case: ... The appellant claimed Rs.5 Crores based on a Mortgage ... The court emphasized that an unregistered mortgage deed is inadmissible and cannot support a claim for recovery. ... Admittedly, the Mortgage Deed dated 04.04.2014 is not a registered document. The defendant No.1 also not#....
2014 Supreme(Online)(KER) 2897 • India - High Court of Kerala
P.BHAVADASAN, J
evidential requirements in civil proceedings, establishing that a registered mortgage deed alone does not suffice without adequate ... mortgage deed. ... Ratio Decidendi: The registered status of a deed does not, on its own, validate possession claims without additional evidential ... The mortgage is of the year 1967 and the mortgage did not subsist and the Bank had no right to ....
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