AI Overview...
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Immovable Property & Equitable Mortgage - Equitable mortgage involves depositing title deeds of immovable property as security for a loan or obligation. It does not require formal registration but must demonstrate intent to create security. Several cases confirm that deposit of title deeds constitutes an equitable mortgage, especially when accompanied by an agreement or deed indicating such intent PUNJAB NATIONAL BANK VS PREM DE VASTRA - Delhi, K. J. Nathan VS S. V. Maruthi Rao - Supreme Court, Rosy George VS State Bank of India - Kerala, A. R. A. R. S. M. Arunachallam VS C. Jagannatha Pillai - Madras.
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Deposit of Title Deeds & Procedure - The deposit of title deeds is a crucial act in creating an equitable mortgage. In many instances, the deed or agreement explicitly states the intention to mortgage the property by deposit of title deeds, which is recognized legally even if not registered George VS Bank of India - Kerala, A. R. A. R. S. M. Arunachallam VS C. Jagannatha Pillai - Madras.
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Legal Validity & Registration - While equitable mortgages created by deposit of title deeds do not require registration under the Registration Act, the existence of a clear deed or agreement is essential. Registration may be necessary if the transaction also involves transfer of ownership, but deposit alone is sufficient for equitable mortgage A. R. A. R. S. M. Arunachallam VS C. Jagannatha Pillai - Madras.
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Liability & Enforcement - The period for enforcing equitable mortgages is governed by the Limitation Act, typically 12 years from the due date of the secured debt. The liability of guarantors and sureties is co-extensive, and equitable mortgages created by deposit of deeds are enforceable within this period Life Insurance Corporation of India VS Ramji Kewat - Madhya Pradesh, Rosy George VS State Bank of India - Kerala.
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Case Specifics & Disputes - Disputes often arise regarding whether the deposit of deeds was made as a mortgage or as a guarantee. Courts examine the intent, documentation, and conduct of parties to determine validity. For instance, denial by defendants about deposit or guarantee was not substantiated when evidence indicated otherwise Vilas Bank VS Shreechakra Enterprises - Madras.
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Procedural Aspects & Court Discretion - Courts exercise discretionary powers in cases involving equitable mortgages, especially when pendent lite and future interests are involved. Orders may be passed to protect the interests of the mortgagee during litigation PUNJAB NATIONAL BANK VS PREM DE VASTRA - Delhi.
Analysis and Conclusion
Deposit of title deeds is a recognized method of creating an equitable mortgage over immovable property. Such mortgages are valid based on the intent evidenced by deeds or agreements, even without formal registration. They are enforceable within the statutory limitation period and are subject to judicial scrutiny regarding their validity and the intent of parties involved. Proper documentation and clarity of purpose are essential to establish an equitable mortgage through deposit of deeds.
References: - PUNJAB NATIONAL BANK VS PREM DE VASTRA - Delhi - Vilas Bank VS Shreechakra Enterprises - Madras - K. J. Nathan VS S. V. Maruthi Rao - Supreme Court - George VS Bank of India - Kerala - State Bank of India vs Mr. S. Ashok - National Company Law Tribunal - Rosy George VS State Bank of India - Kerala - Life Insurance Corporation of India VS Ramji Kewat - Madhya Pradesh - A. R. A. R. S. M. Arunachallam VS C. Jagannatha Pillai - Madras - Vice President, Head, CBB, Corporate Banking, Axis Bank Limited, Chennai VS N. Abdul Salam - Madras - Male Venkateswarlu VS State Bank of India, Ongole Branch, Ongole - Andhra Pradesh
Search Results for "Immovable Property Equitable Mortgage Title Deposit Deeds 7"
2000 0 Supreme(Del) 981 • India - Delhi
DEVENDER GUPTA, B.A.KHAN
Procedure Code, 1908 - Order 34 Rule 11 — Pendent lite and future interest — Awarding of discretionary powers of Court — Exercise of — Mortgage ... Defendant firm offered guarantee of defendants 6 and 7, who had agreed to jointly mortgage their immovable property having 1/2 share each in the property. On 5. 4. 1982 equitable mortgage was created by deposit of title deeds by defendants 6 and #HL_ST....
2002 0 Supreme(Mad) 553 • India - Madras
M.CHOCKALINGAM
The 4th defendant contested the suit, denying the guarantee and deposit of title deeds. ... The 4th defendant's defense regarding the guarantee and deposit of title deeds was not proven. ... The 4th defendant's defense regarding the guarantee and deposit of title deeds was not substantiated. ... the title deeds on 6-3-1990 at Madras and has created an equitable mortgage....
1964 0 Supreme(SC) 38 • India - Supreme Court
K.SUBBA RAO, J.R.MUDHOLKAR
OF THIRD PERSON - Mortgage by deposit of title deeds – essential - Equitable mortgage in english law ... ... or constructive there must be a delivery of documents of title of immovable property such delivery must be made to a creditor or ... AGREEMENT CREATING MORTGAGE BY DEPOSIT OF TITLE DEED EXECUTED ON 5-7-1947 BUT REGISTERED AT A LATER DATE — HELD AGRE....
2000 0 Supreme(Ker) 536 • India - Kerala
S.SANKARASUBBAN, A.LEKSHMIKUTTY
in determining the validity of the mortgage by deposit of title deeds. ... Mortgage by Deposit of Title Deeds - Realization of Amounts - Transfer of Property Act, Indian Registration Act - [MORTGAGE BY ... property offered as collateral security. ... The contention centres round the acceptability of mortgage by deposit of title deeds or #HL_STA....
2025 Supreme(Online)(NCLT) 1662 • India - National Company Law Tribunal
SHRI JYOTI KUMAR TRIPATI, SHRI RAVICHANDRAN RAMASAMY, JJ
(Paras 11.7 and 11.9) ... ... (B) Indian Contract Act, 1872 - Section 128 - Liability of the surety is co-extensive ... 7.4 The Corporate Debtor has offered an immovable property belonging to the Personal Guarantor/ Respondent, Mr. S Ashok as collateral security by creating an equitable mortgage by deposit of title deeds which was executed on 19.05.2016 and registered as Doc. ... 7.12 It is further submitted th....
1992 0 Supreme(Ker) 189 • India - Kerala
MANOHARAN, G.VISWANATHA.IYER
Equitable Mortgage - Limitation Act, 1963 - Transfer of Property Act - The court found that an equitable mortgage was created ... The court found that an equitable mortgage was created by P.L. ... Finding of the Court: The court found that an equitable mortgage was created by P.L. ... A1 to A3 title deeds with respect to the A schedule property along with Ext.A4 power of attorney with the intent....
2001 0 Supreme(MP) 299 • India - Madhya Pradesh
DIPAK MISRA
mortgage as collateral security for a loan. ... the application of the Limitation Act, 1963 in a case involving the Life Insurance Corporation of India and the creation of an equitable ... Under Article 62 of the Limitation Act the period for enforcing payment of money secured by a mortgage or otherwise charged upon immovable property is 12 years, and the period would start to run when the money sued for becomes due. The equitable mortgage was on 19-7#HL_END....
1926 0 Supreme(Mad) 392 • India - Madras
BEASLEY
title-deeds as an equitable mortgage. ... Registration of Documents - Equitable Mortgage - Section 17, (1) Clause (b) of the Registration Act - A.I.R. 1923 P.C. 50 - A.I.R ... property, they required registration. ... The only difference is that in the document of 26th May the agreement is to deposit the title-deeds by way of equitable mortgage to secure the repayment, whereas in....
2021 0 Supreme(Mad) 798 • India - Madras
R.PONGIAPPAN
, by executing (i) Declaration cum Confirmation deed dated 12.05.2014 and (2) recording of mortgage by deposit of title deeds dated 15.05.2014. ... The 1st respondent/plaintiff and the 3rd respondent/6th defendant stood as guarantors in their personal capacity and executed a Deed of Guarantee besides the 1st respondent/plaintiff stood as a mortgagor also having offered his immovable property by way of creating an equitable mortgage on 10.05.2014 ... ....
2005 0 Supreme(AP) 468 • India - Andhra Pradesh
P.S.NARAYANA
Act, 1908 - Articles 57, 115 and 141 - Indian Contract Act, 1872 - Section 133, 128 and 129 - Defendant executing promissory - Mortgage ... Subordinate Judge for recovery being the balance of principal and interest due on account copy got maintained by the bank on a mortgage ... In addition to the aforesaid documents immovable property security was also created by the defendants 2 and 3 in respect of the suit schedule properties by way of deposit of title deeds dated ....
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