How to remove mortgage from title documents ?

513 votes

Hi A mortgage deed has to be cancelled jointly by both the parties. You can always get a certified copy of the mortgage deed from sub registrar office and then prepare a cancellation deed. technically a mortgage deed gets automatically renewed for 12 years from every single instance of payment. Assuming you have last paid in the year 2004 and afterwards you have not made any payment, then the mortgage deed will automatically expire by end of 2016. So within this period, the mortgage should have initiated suit for recovery of money failing which the mortgage will automatically expire and you as mortgagor should approach the courts for cancellation of mortgage (if mortgagee does not come forward to cancel the mortgage), So if you have already repaid the amount, the mortgagee is duty bound to cancel the mortgage. if you and the mortgagee agree that the debt is repaid in full, you can execute a cancellation deed and get the same registered. Actually there is no need for original mortgage deed if both the parties agree for cancellation.

Advocate Rajagopalan LawRato

653 votes

Mortgage of any property period is 12 years.At present you haveread to pay your said mortgage amount,if your mortgagee claim upto date interes. You have to take elders and try to comprise him or otherwise you have contact nearset advocate for proper solution.

Advocate Mohammed Ghouse LawRato