Legal Question in Banking Law in India
Is it necessary to have a deed ,viz; sale, gift etc in his own name for creating equitable mortgage. if so what is the law/rule.
2 Answers from Attorneys
Normally it is ideal to have a sale deed or gift deet etc. in the borrower's name for creating equitable mortage. Even if there is no such deed, if the borrower produces a deed in his predecessor in title or interest name and able to prove by other evidence, like succession certificate, probate or heirship certificate, patta, house tax receipt etc., that he is presently the owner of the property, then also he can create equitable mortgage with the original title deed and the aforesaid supporting documents.
basically, the borrower needs to establish his title to the property; based upon entry in records-of-rights, mortgage may be created.
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