Legal Question in Banking Law in India
Pls confirm that for the business loan from bank is mortgage deed required to be registered fom court ?
2 Answers from Attorneys
It need not be registered with Court. It has to be registered with the registrar of assurances of the concerned Sub Registry having jurisdiction over the place where the property is situate. Some banks may not insist upon registration at all. It depends upon the system followed by each bank.
Every mortgage deed is not rquired to be registered. The Banks may lend money against 'equitable mortgage' which does not require any registration. A mere information to the concerned authorities about mortgage may be sufficient. In case of agricultural property, in many States, mortgage is by simple letter of creating charge / lien which is recorded with the revenue authorities.
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