Showing : 11-20 of 35 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 58-- Simple mortgage - Can be by way of deposit of title deeds - However, mortgagee must explain that deposit of title deed was with a specific understanding that it is for purpose of creation of a mortgage - An accidental possession of a document by itself does not bring about mortgage - Law does not..........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage with conditional sale or outright sale - Entire ownership, right, title and interest transferred - Conditions of S.58(c) of the Act not mentioned in the document - Defendant in possession of entire house except the ground floor in which plaintiff is tenant - Merely because rent-note was..........
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...........
KERALA HIGH COURT
Year of decision: 2009
Details
Transfer of Property Act, 1882, Section 58-- Equitable mortgage - Title deeds already in possession of creditor for an earlier loan need not to be deposited again for subsequent loan after taking delivery of the same as principle of constructive deposit applies - All that is required to be seen is the intention of parties to treat the..........
KERALA HIGH COURT
Year of decision: 2009
Details
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 58(f)-- Equitable mortgage by deposit of title deeds - When memorandum of deposit of title deeds show the intention of parties to reduce their bargain regarding the deposit as a document creating an interest in immovable property, it is compulsorily registrable - It has no evidentiary value otherwise...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58(1)-- Mortgage by deposit of title deed - Three requisites for a valid mortgage are : (i) debt (ii) deposit of title deeds and (iii) an intention that the deed shall operate as security for the debt...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58(f)-- Mortgage by deposit of title deeds - Where a person delivers to a creditor or his agent document of title in respect of his immovable property with an intention to create security thereon the transaction is called transaction by deposit of mortgage title deed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Stamp Act, 1899, Section 9(1)(a), 9(3), Transfer of Property Act, 1882, Section 58(f), 59, Registration Act, 1908, Section 17-- Mortgage by deposit of title deeds - It is equitable mortgage and does not require registration - No stamp duty is payable - However, when a separate document is drawn creating interest in the property then the document requires registration...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61, Specific Relief Act, 1963, Section 34-- Usufructuary mortgage - Declaration by mortgagee in respect of title over suit property after expiry of period of limitation to sue for foreclosure - Right to redeem or recover possession, when no time limit is fixed for redemption, accrues to mortgagor not on the date of mortgage but on the date..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 58-- Mortgage - By deposit of title deeds - Allotment letter - Whether it creates an assignable right? - Question requires consideration by a larger bench so that an authoritative pronouncement can be made thereupon...........

Showing : 11-20 of 35 Results