Question
In the rural area, someone gave their land on rent to another person for cultivation and harvesting. The agreement had a condition that if the rent is paid back, the land’s possession will be returned. Is this type of agreement legally valid? What legal actions can be taken if the rent is not paid back?
Answer
In legal terms, this type of transaction is called “Mortgage”. According to the law, the mortgage deed of the land must be registered. However, it is not customary in the village to register such deeds. Therefore, if the mortgage holder claims rights to the mortgaged land based on this deed, the court will not enforce it. However, in terms of collecting money, the court can accept this type of deed.