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Advocate M J (Querist) 15 November 2015 This query is : Resolved
good morning learned members.

i have a query and request to suggest me with ur advice
"A" had taken a home loan and have not entered into any mortgage deed, nor his home loan details are mentioned in the EC .the institution is having his title deed
Now my query is

1) since the property is not mortgaged can the institution have a claim on the property?

2) is any agreement or document needs to be executed and registered for the deposit of title deed under law?

3) IF NOT NECESSARY ANY CASES LAW TO SUPPORT.

Thanks
Adv MJ

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Anirudh (Expert) 15 November 2015
Please indicate why and what for the title deeds are with the Institution?

Rajendra K Goyal (Expert) 15 November 2015
1. If title deeds are deposited with the Bank, equitable mortgage must have been created by deposit of title deeds, and it is as good as registered mortgage.

2. No registration is required in case of equitable mortgage.

3. Read equitable mortgage chapter, citation not provided in this section.

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