Apni Law Staff asked 8 months ago
Ramu mortgaged his farmland to Shyam in 1976, and the agreement was officially recorded. By 1980, Ramu had repaid the entire loan, including interest, to Shyam. He took back the original agreement and marked each page with the word “CANCELLED”. However, a formal cancellation document was never created or registered. Can Shyam now, after 40 years, file a lawsuit to reclaim the land?
Best Answer
Apni Law Staff answered 8 months ago
Under Indian law, Ramu’s marking of the agreement as “cancelled” and taking it back is not sufficient to extinguish the mortgage. Shyam can still claim the land, however, the burden of proof will be on him to prove the mortgage remains valid, which would be difficult after such a long period without a formal cancellation.
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