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PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
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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: 2008
Details

Transfer of Property Act, 1882, Section 58(f) -- Provision of S.58(f) TPA has been extended to all the district headquarters of Punjab vide notification No.GS 88/CA.4/1882/S.58/75 dated 28.08.1975 and all block headquarters vide notification No.SO 31/CA.4/1882/S.58/79 dated 23.06.1979...........

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