Ketan (Finance Consultant) 28 January 2023

Is equitable mortgage with relative valid in court

Hi,

My brother mortgaged one of his properties to me in lieu of 50 lakhs of loan. He also deposited property papers with me in lieu of that loan. But that mortgage deed is not registered.

I have following question in this regard :

1. Since my brother is not in Delhi (the property is registered in delhi). Can this mortgage deed by registered online in Delhi by using Aadhar OTP ? Is there any such facility in Delhi ?

2. If the mortgage deeed is not registered, can I still move the court to sell the property, in case he refuses to pay me back, merely on basis of equitable mortgage deed ?

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2 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 28 January 2023

Your brother has to execute the "deposit of tile deed" and get the same registered.

Dr J C Vashista (Advocate) 29 January 2023

Answer to both the questions is negative since no such facility (on line registration of mortgage deed) exist in Delhi and an unregistered mortgage deed do not create any right, interest or claim on the property.