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Punit Gupta (Owner)     08 December 2025

Equitable mortgage

Mr Anam Lost the origianl title deed in the shifting of house. He now wishes to morgtgage his property to get some business loan. What is the way to mortgage a property as Equitable Mortgage, if the original Title Deed is not available.
Please enlighten.



 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     08 December 2025

He may obtain a certified copy of the original document from the Sub Registrar concerned.  A certified copy is equal to the original deed; however, financial institutions may not accept it.

Dr. J C Vashista (Advocate )     09 December 2025

Very well analysed, opined and advised by learned senior expert Mr. Kaavksatyanarayana.

To add to it Mr. Anam should publish qua the lost document(s) to ensure its misuse. 

T. Kalaiselvan, Advocate (Advocate)     09 December 2025

The procedures for obtaining a certified copy of the original document is to be followed before going for mortgage loan.

P. Venu (Advocate)     09 December 2025

Have you enquired with the Bank concerned?

Punit Gupta (Owner)     09 December 2025

To add:
Bank is asking for a legal opinion from its empanelled advocates who are of mixed opinion. One said Certified copy can be used for charging EM on the property, another having different view.
I am here to get the right option, which is legally good for borrower and bank.

Jatin Bajaj   19 December 2025

An Equitable mortgage under section 58 of the Transfer of Property is created only by deposit of original title deeds with lender with intention to create security. Without original title deeds, an equitable mortgage cannot be created. Bank treat original title deeds as a primary security. You must file a written complaint/FIR with local police station  describing the descripttion of the property, nature of document lost and obtained certified copy of FIR/DD Entry. Publish loss of title deeds in one english daily, one vernacular daily  newspaper by mentioning the property details. Apply  at sub registsred office a certified copy of lost registsred deed. Apply for certified true copy of Title deeds at sub registsrar office and Mr. Anam must sworne the affidavit of loss before notary 


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