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Murty BSN (Advocate)     10 October 2011

Partial release of mortgage

Hai to all. This is BSNMurty from Kakinada.  MY Client has deposited his Tiltle deeds for Four properties  with State Bank of India and he wants to release one of the properties deposited with the Bank.    Please anybody post the format of RELEASE OF PARTIAL PROPERTY from Mortgage and stamp duty payable in Andhra Pradesh.



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 5 Replies

Ashok Vennelakanti (Asst.General Manager)     10 October 2011

It is possible to get one property released from Equitable mortgage, if the bank agrees for the same. Please obtain a simple letter from the bank stating that the property has been released from EM charge and they do not have any further claim against the property. There is no need to pay any stamp duty on the release letter. However, if registered mortgage was done earlier, the release letter/discharge receipt should also be registered as otherwise, it will continue to appear in the Encumbrance certificate.

Yashpalsinh Gohil (Manager)     26 December 2012

What is the format of Release Deed for the release of property from Bank Mortgage?

Rao from AP (Private Service)     09 January 2014

Hi Ashok garu,

I am also in same situation as like Murthy garu.

SBH Hyderabad has registered the mortgage of my property.

Now I sold my property and have to release the mortgage to complete the registration process.

How much it costs in Hyderabad to release the mortgage.

Thanking you.

Subbu

SKapoor_Lawkonect (Lawyer)     10 January 2014

Hi BSN Murthy, A partial release document is a form used to release a portion of your liability from a mortgage obligation. Mortgage lenders may issue this partial release as part of a restructuring package when you experience difficulties in fulfilling all of your responsibilities under the terms of the original mortgage. Getting a partial release of mortgage will allow you to take ownership of a portion of the collateral that was used to secure a mortgage. The right to partial redemption from mortgage has been given under Section 60 of Transfer of Property Act and therein it has been clearly mentioned that a property can be partially redeemed by the mortgagor if there is no clause in the mortgage deed against such right. The Calcultta HC in Pranballav Saha and Anr. vs Bhagban Chandra Seal And Ors.(AIR 1934 Cal 775) has upheld this right. Moreover, from your query I can assume that you have entered into a registered mortgage wherein a release letter issued by the Bank shall be registered so as to ensure that the Government Registry gets notified on the fact that a part of the property has been redeemed else if in case there is an unregistered mortgage it is not mandatory for you to get the issue letter registered, but registering such letter under the provisions of Registration Act, 1908 will ensure that it will have a better say in a Court of law as an evidence.

Regards,

SKapoor,

www.Lawkonect.com,

9555507507.

Chitraswamy (CEO)     01 April 2015

If the banker is giving NOC whether that should be obtained in Banker's letterhead duly signed or in 100 rupees stamp paper.How to register simple NOC in the registration office.


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