Mortgage of property before its registration whether valid

Let us clarify, whether you meant to say, that the property mortgaged is not registered in the name owner/mortgager, i.e, without becoming the absolute owner one has mortgaged the property.

Though if the same is acquired and Registered on the later date, after execution of mortgage, the principle of estopple attracts and the defaulter is liable.

Rigths under the  Regd Sale agreement  for sale of House/Flat   are being mortgaged by the purchaser in favour of the Banks as Security for the propsoed  loan to purchase the House/Flat !  

Mr. Kiran

In this specific case, Sale Deed executed on 27.11.2007 and registered on 7.12.2007.  The purchaser mortgaged the property on 27.11.2007 to secure the advance obtained from the Bank i.e., before it is registered.  As per Sec.47 of Registration Act any Deed will be complete only on execution as well as Registration.

Many thanks for your nice opinion

On 27-11-2007 Sale deed is executed and presented on 27-11-2007  for registation  and the SRO accepted  the  Sale Deed for Registration on 27-11-2007with out any objection and other process and Vendor  singed the Sale deed admittign the Execution for Registration of  the Sale Deed  and the Receipt for delivery of  Sale Deed is authorising the Bank Officer to take delivery of the Regd Sale deed - But the actual Registration entries are made on 7-12-2007 .   I think this situation  appears to be correct .

If there is no other  objection for Reistration on 27-11-2007 , it can be treated as Registered on 27-11-2007 - but actuially entered on 7-12-2007 - it is post Registration process by the SRO office staff  - Infact SRO will endorse required Certificate of Registration on 27-11-2007 

Therefore  the Mortgage created on 27-11-2007 in favour of Bank  may not effect the rigths of the Mortgagee / Bank . 

I agree to Mr. Y.V Rao.

MR.RAO IS ABSOULTLY CLEAR AND RIGHT

I agree with Mr.Rao, This is the practice followed in all ower the Banking parlance.

agree with Mr. Rao if the sale deed is presented for registration on 27.11.2007.