Showing : 1-10 of 35 Results

MADRAS HIGH COURT
Year of decision: 2017
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 2(zb), 13(2), Transfer of Property Act, 1882, Section 58(f)-- Security agreement - Enforcement of security interest - In the instant case, guarantor deposited title deeds of suit properties with bank with intention of creating mortgage in favour of bank - Even, title deeds were accepted by bank as per entry form by mentioning that title deeds mortgaged with..........
KERALA HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(f)-- Mortgage by deposit of title deeds - In order to create mortgage by deposit of title deeds, all that is necessary is mere handing over of title deeds with the intend to create mortgage over property - No formal document is necessary...........
KERALA HIGH COURT
Year of decision: 2017
Details
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 58(f)-- Registration - Memorandum/letter acknowledging deposit of title deeds - If the memorandum is prepared merely to confirm/acknowledge the deposit of title deeds, registration is not required irrespective of point of time at which it is executed - However, if the memorandum creates rights and..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Mortgage suit - Once a person comes to Court with a positive stand that document No.4 was only a memorandum of deposit of title deeds post facto, it is not open to Court below to return the plaint on the presumption that there was no valid mortgage deed - Validity of mortgage..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Registration Act, 1908, Section 17(1)(c)-- Memorandum of deposit of title deeds - Does not require registration, if it is a simple document depositing title deed as a security - But when it authorized the lender to take action for recovery of money on the basis of such deposit of title deed, it requires registration and stamp duty...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Stamp Act, 1899, Article 6-- Stamp duty - Loan agreement - Merely the loan agreement executed between petitioner/bank and its borrower cannot be treated as an agreement relating to deposit of title deeds for the purposes of Art.6 of Act, unless the deposit of title deeds is accompanied by a letter, note, memorandum or writing..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Stamp Act, 1899, Article 6-- Stamp duty - Loan agreement - Agreement executed between parties does not contain the stipulation in writing about creation of mortgage by deposit of title deeds - Loan agreement only provides for a future eventuality requiring giving of security, which necessarily would not fall within the ambit..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 55-- Auction sale - Non-deposit of balance amount - Forfeiture - Buyer not asked the bank to make available title deeds of premises in question for inspection before submission of bid - Nor pointed out any irregularity before submitting bid and before removing plant and machinery therefrom - Property..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 58(f)-- Mortgage - Deposit of title deeds - Lease deed in favour of lessee with certain restrictions and conditions regarding transfer of such interest would not satisfy the requirement of title deed - As an unauthorized transfer cannot result in valid assumption of any right by transferee...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 59, 100-- Mortgage - Creation of charge - Held, mere undertaking that party will not dispose of properties mentioned in an undertaking, during currency of loan, will not create any charge over those properties, unless charge is created by deposit of title deeds or through a registered document...........

Showing : 1-10 of 35 Results