Mortgage stamping & registration
girish parmar
(Querist) 03 March 2011
This query is : Open
(1) A company wants to equitable mortgage on its immovable assets situated in various States. The Mortgage is to be created in one particular state where registration of equitable mortgage is not compulsorily registrable (say Maharastra). However, the mortgage Document also includes one property of a State where equitable mortgage is compulsorily registrable as per that States registration law (say Gujarat). Whether that equitable mortgage is required to be registered in GUJARAT also. It may be noted that equitable mortgage can be created any where in the Country if that is done in any notified towns. (2) Further what would be the position if the situation is reversed, viz. equitable mortgage is created in Gujarat but the document does not include any Gujarat Property. Whether equitable mortgage is required to be registered since Gujarat registration laws apply to property situated in Gujarat only?
