Legal Question in Banking Law in India

Equitable mortgage

Pl advise what is remedy of not

recording the fact of deposit of title

deed called recital.But proper

stamping is done and letter of

confirmation received from title

holder.Is the mortgage invalid in

such a case.


Asked on 4/07/09, 11:36 pm

5 Answers from Attorneys

Pranav Desai PD Legal & Associates

Re: Equitable mortgage

Just by not mentioning the fact that the document is an equitable mortagage in the recital will not render the mortgage invalid.

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Answered on 4/13/09, 5:02 am
Fahri Toga TOGA//OKSUZ

Re: Equitable mortgage

We think that we can help you to solve your affairs forthwith, please send us your documents or write an detailed e-mail in order to notify the circumstance. We checked over the documents thereafter, we will return your added phone number,e-mail or address,as soon as.

Contact ;

Address : WORLD TRADE CENTER,B1 BLOCK,15th FLOOR, YEŞİLK�Y/İSTANBUL,TURKEY

Phone : +90 212 465 65 42

Fax : +90 212 465 70 08

Web : www.wlfenternasyonel.com

e-mail : [email protected]

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Answered on 4/17/09, 9:07 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Equitable mortgage

HELLO

GOOD EVENING

In your case if the mortgage is properly checked and verified and supported with all the documents then the EM is valid.

Report the authorities of the same.

IN CASE OF NEED PLEASE CONTACT PERSONALLY ALONGWITH THE DETAILS.

OR

IF ANY FURTHER QUERY MAIL ME.

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Answered on 4/09/09, 7:02 am
J. Radhakrishnan independent Practice

Re: Equitable mortgage

Recording of recital is not necessary. That was the practice of Banks to record recital to avoid incidence of stamp duty if the document were to be signed by mortgagor.Letter of confirmation of deposit of title deeds is good enough to prove the creation of mortgage.

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Answered on 4/15/09, 4:49 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Equitable mortgage

If backed by proper consideration and supporting documentation, the "equitable mortgage" may still be valid; you may inform the authorities to make a note of the 'mortgage' in record-of-rights register.

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Answered on 4/08/09, 8:08 am


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