Legal Question in Credit and Debt Law in India

Mortgage

The question pertains to laws in India

A pvt Ltd has given a construction contract to B, a firm. B has raised a loan from an institution. Can A mortgage( euitable or english)its immovable property to the lender's of B in order to secure the loan given to B. As the relationship between A and B' Lender is not that of a debtors and Creditor. Kindly clarify with suitable case laws


Asked on 9/29/01, 2:02 am

1 Answer from Attorneys
Prabhat Shroff Shroff & Company

Re: Mortgage

Prima facie, A can create an equitable or an english mortgage to B's lender. However, a precise advise with case laws can only be given after getting more facts.

Regards

Prabhat Shroff

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Answered on 11/07/01, 12:44 am


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