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Punit Gupta (Owner)     23 August 2022

Equitable mortgage or registered mortgage

The borrower has lost the original Deed of Sale, had lodged FIR and got the certified copy issued from the Office of Registrar.

Now can this certified copy be mortgaged by creating EM in bank for borrowing loans?

Banker is insisting for Registered mortgage, which will lead for huge expense as Stamp Charges and Registration Fees.

Looking forward for your valuable inputs.



 1 Replies

Dr J C Vashista (Advocate)     23 August 2022

Bank is correct.

You will have to get the mortgage deed registered for EM on the strength of certified copy of sale deed in favour of Bank irrespective of the amount of stamp duty and registration charges

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