Showing : 1-10 of 39 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(f)-- Equitable mortgage - Can be created by deposit of either original title deed or certified copies or Photostat copies of title deeds - It is only the intention of parties which is prime factor to be considered...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Marking of document - Memorandum of deposit of title deeds - Validity of such document can be decided at the time of disposal of main suit - Question as to whether memorandum requires registration or not needs to be decided before document is admitted in evidence - Defendant permitted to agitate..........
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...........
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
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..........
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...........
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..........

Showing : 1-10 of 39 Results