https://www.taxtmi.com/caselaws?id=277572 A mortgage by deposit of title-deeds is created by delivery of title documents with intent to secure a debt, and a memorandum that merely records an already completed deposit does not, by itself, require registration, stamp duty, or registration fee. Registration becomes necessary only where the writing itself creates or records substantive rights as part of the bargain. The transaction also depends on the property being situated in a town covered by Section 58(f) of the Transfer of Property Act or a valid notification under that provision, and that foundational territorial fact must be examined before mutation can be sustained. en-us Mon, 07 Oct 2013 00:00:00 +0530 Tue, 11 Dec 2018 11:19:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277572 A mortgage by deposit of title-deeds is created by delivery of title documents with intent to secure a debt, and a memorandum that merely records an already completed deposit does not, by itself, require registration, stamp duty, or registration fee. Registration becomes necessary only where the writing itself creates or records substantive rights as part of the bargain. The transaction also depends on the property being situated in a town covered by Section 58(f) of the Transfer of Property Act or a valid notification under that provision, and that foundational territorial fact must be examined before mutation can be sustained. Case-Laws Indian Laws Mon, 07 Oct 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=277572