Legal Question in Banking Law in India
Title deed in the name of two person whether half portion can be equitably mortgaged
Asked on 12/03/10, 4:25 am
1 Answer from Attorneys
J. Radhakrishnan
independent Practice
The answer is. It depends upon the willingness of the lender and also the title deed that can be deposited. If it is a counterpart of the title deed, no problem in depositing it. If there is only one title deed in favour of the joint owners, then the Bank may require the person who has not joined in creating the mortgage to note that the other co owner has deposited the registration copy of the title deed with affidavit to create a mortgage on his undivided half share. The lender also will get the memorandum of deposit of title deeds registered.
Answered on 12/03/10, 9:08 pm
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