https://www.taxtmi.com/caselaws?id=279455 Mortgage by deposit of title deeds under Section 58(f) of the Transfer of Property Act is created by depositing the title deeds with the intention to secure a debt, and the transaction is complete on deposit itself without execution of a registered mortgage deed. A later memorandum, if any, is only evidentiary and does not itself create the mortgage. Because the mortgage arises from deposit and not from a written instrument, compulsory registration and stamp duty provisions do not apply, and the relevant notification and administrative instructions were held not to cover this form of equitable mortgage. The mutation in favour of the bank was therefore required to be recorded. en-us Thu, 30 Aug 2007 00:00:00 +0530 Mon, 18 Mar 2019 17:12:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279455 Mortgage by deposit of title deeds under Section 58(f) of the Transfer of Property Act is created by depositing the title deeds with the intention to secure a debt, and the transaction is complete on deposit itself without execution of a registered mortgage deed. A later memorandum, if any, is only evidentiary and does not itself create the mortgage. Because the mortgage arises from deposit and not from a written instrument, compulsory registration and stamp duty provisions do not apply, and the relevant notification and administrative instructions were held not to cover this form of equitable mortgage. The mutation in favour of the bank was therefore required to be recorded. Case-Laws Indian Laws Thu, 30 Aug 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279455