Where the mortgage is illegal for want of registration but the mortgagee continues in possessio...........

Professional Legal Knowledge Transfer of Property

Where the mortgage is illegal for want of registration but the mortgagee continues in possession of the mortgaged property, a valid mortgage comes in existence after the expiry of:

5 years

10 years

12 years

20 years

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Explanation:

The correct answer is 3: 12 years. If a mortgage is not valid because it was not registered, but the mortgagee remains in possession of the property, a valid mortgage is recognized after 12 years. This happens under the principle of adverse possession, which allows someone who has had continuous and uninterrupted possession of a property for 12 years to establish legal rights over it. In such cases, the possession must be open, hostile, and without the owner's consent. After 12 years, the mortgage becomes valid, even if it was initially illegal due to the lack of registration. This ensures that long-term possession leads to a resolution of property rights.