Showing : 1-10 of 35 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Registration Act, 1908, Section 17, 49-- U, registered mortgage deed - Collateral purpose - Admissibility - Personal covenant was enforced by plaintiff in unregistered mortgage deed in respect of suit property whereby defendant had agreed to repay amount whenever they demand - Document thus, sought to be used for collateral purpose,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Registration Act, 1908, Section 17, 49-- Mortgage - Unregistered - Mortgage deed is inadmissible in evidence - However, plaintiff has right to recover loan amount of Rs.2 lakhs, on the basis of execution of receipt thereof which stands established alongwith interest at the rate of 12% per annum and future interest at the rate of 6% per..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Registration Act, 1908, Section 17-- Registration - Letter of confirmation deed confirming equitable mortgage - It is a letter of recording of concluded contract, evidencing past transaction, which does not require registration - Letter of confirmation deed and document of deposit of title deeds does not require registration...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 58, 61, Transfer of Property Act, 1882, Section 60, Registration Act, 1908, Section 17-- Mortgage - Candid admission by defendant with regard to execution of mortgage deed - Non registration of mortgage deed after affixing proper stamp duty has no effect on the suit for redemption of mortgage filed by plaintiff...........
KERALA HIGH COURT
Year of decision: 2016
Details
Registration Act, 1908, Section 17(2)(xi)-- Unregistered receipt for payment of mortgage money - It is exempt from registration when it does not purport to extinguish the mortgage - However, if receipt recites that possession of property has been given back, receipt cannot be admitted in evidence to prove redemption, if it is unregistered..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Contract Act, 1872, Section 11, Transfer of Property Act, 1882, Section 58(b), 58(d)-- Mortgage in favour of minor - Validity - Mortgage deed executed by uncle of appellant in favour of deceased mother of appellant as collateral security towards dowry amount - At time of execution and registration of document, age of mortgagee, deceased mother of appellant was 15 years as mentioned..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 58, 59-- Mortgage by deposit of title deeds - Memorandum prepared after deposit of title deeds without incorporating terms and conditions with regard to the deposit of title deeds is merely evidential and does not require registration - However, memorandum reducing other terms and conditions with regard to..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Article 61(b)-- Mortgage - Property under mortgage transferred by mortgagee to third party - Limitation for filing suit for recovery of possession is twelve years of transfer becoming known to mortgagor - Mortgagor specifically pleaded and proved that he came to know of sale just twenty days prior to filing of..........
KERALA HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 58(f), Registration Act, 1908, Section 17-- Agreement to deposit title deeds specifying loan amount, terms and conditions of loan transaction, identity and extent of property to be mortgaged, details of documents - Shows creation of equitable mortgage - Requires compulsory registration...........
MADHYA PRADESH HIGH COURT
Year of decision: 2009
Details
Registration Act, 1908, Section 17-- Receipt to extinguish the mortgage - Requires registration...........

Showing : 1-10 of 35 Results