Legal Question in Banking Law in India

Mortgage

Can a certified copy of title dees creat a valid mortgage for equtable mortgage in Bank.


Asked on 3/24/08, 10:30 pm

5 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Mortgage

Yes

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Answered on 3/28/08, 7:36 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Mortgage

Information not sufficient. Please ask your question providing more information.

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Answered on 3/25/08, 4:04 am

Re: Mortgage

Yes.

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Answered on 3/26/08, 2:17 pm
J. Radhakrishnan independent Practice

Re: Mortgage

If the original is proved to have been irretrievably lost e.g.by floods, fire etc., and if the certified copy is the first one after the loss of the original title deed, it is possible to create a mortgage by deposit of that copy. It all depends upon proof of loss of the original and the copy being the first one obtained and held as the title deed after the loss of the original

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Answered on 3/25/08, 2:56 pm
Nasir Butt Nasir Law Associates

Re: Mortgage

Equitable Mortgage can only be created upon deposit of original title deed. Certified copy of the title deed is not treated as title deed unless sufficient proof, which is police report in Pakistan, is produced to the satisfaction of banker.

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Answered on 10/16/08, 11:54 am


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