Legal remedy as mortgagor doesn't execute the sale deed


What steps must be taken when the mortgagor doesnt execute the sale deed, when there is a default in payment, even after a notice is served through RPAD.? The mortgage contract includes the power of sale clause without court intervention through transfer of property act.

Answers (2)


268 votes

1. There are few conditions for sale of mortgaged property without intervention of court (if such power conferred in mortgage deed)
(i) mortgage property situate within the towns of Calcutta, Madras, Bombay.
(ii) a notice requiring payment of the principal money has been served on the mortgagor, and for there months after such service.
2. If you fulfilled above terms, in order to exercise the power of sale. And it has few more steps to enforce the same.
3. And in other way you can file a suit for foreclosure.


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223 votes

First you need to issue a legal notice for the loan amount and interest. If the same is not paid then you will have to take steps in accordance with the law for effecting registration. Obviously you need to move the court for the same.

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