Fak-ul-Rahin: Everything You Need to Know About Mortgage Redemption in India!

The term ‘Rahin’ refers to a mortgage deed, and thereby, Fak-ul-Rahin is the reverse procedure of Rahin or Redemption deed of a mortgage. It occurs when an individual who has mortgaged their land (mortgagor) wants to redeem the mortgage and get their land back after paying the due amount to the mortgagee. This kind of mutation is known as Fak-ul-Rahin.

Types

Fak-ul-Rahin can be broadly divided into two subtypes based on how the deed is carried out:

  1. Verbal: This type of Fak-ul-Rahin is carried out verbally through Roznamcha.
  2. Official: This type of Fak-ul-Rahin is carried out through registration. Registration is generally advisable because it ensures the presence of necessary documentation for the transfer.

Legal Implications

Fak-ul-Rahin has several legal implications, including:

  • The mortgagor is entitled to redeem the mortgage and get their land back after paying the due amount to the mortgagee.
  • The mortgagee is entitled to receive the due amount from the mortgagor and release the mortgage deed.
  • The redemption of a mortgage does not extinguish the debt secured by the mortgage. The mortgagor is still liable to pay the debt to the mortgagee.
  • If the mortgagor fails to redeem the mortgage, the mortgagee can foreclose on the property.

Procedure for Fak-ul-Rahin

The procedure for Fak-ul-Rahin is as follows:

  1. The mortgagor should pay the due amount to the mortgagee.
  2. The mortgagee should execute a deed of redemption in favor of the mortgagor.
  3. The deed of redemption should be registered with the Registrar of Sub-District.
  4. Upon registration of the deed of redemption, the mortgage will be redeemed, and the mortgagor will get back their land.

Documents Required for Fak-ul-Rahin

The documents required for Fak-ul-Rahin are as follows:

  • Discharge voucher
  • Copy of the mortgage deed
  • Identity proof of the mortgagor and mortgagee
  • Two witnesses
  • Registration fee

Fak-ul-Rahin is an important legal process that allows mortgagors to redeem their mortgages and get their land back. It is important to note that the procedure for Fak-ul-Rahin may vary depending on the jurisdiction. It is advisable to consult with a lawyer to ensure that the proper procedure is followed.

Disclaimer: The views expressed above are for informational purposes only based on industry reports and related news stories. PropertyPistol does not guarantee the accuracy, completeness, or reliability of the information and shall not be held responsible for any action taken based on the published information.

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