https://www.taxtmi.com/caselaws?id=757689 A mortgage by deposit of title deeds under Section 58(f) of the Transfer of Property Act, 1882 requires a debt, delivery of title deeds and an intention that the deeds secure that debt; where the written memorandum merely records a completed transaction, no separate registered mortgage instrument is required. On the facts stated, the admission of execution and the surrounding conduct supported a valid equitable mortgage, so a mortgage decree was warranted. The separate challenge to refusal of restoration was also said to fail, as the objection based on counsel's authority did not disclose legal infirmity. The text notes that the impugned orders were set aside only to the extent necessary to restore the trial court decree, with interest reduced. en-us Thu, 29 Aug 2024 00:00:00 +0530 Thu, 29 Aug 2024 18:45:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757689 A mortgage by deposit of title deeds under Section 58(f) of the Transfer of Property Act, 1882 requires a debt, delivery of title deeds and an intention that the deeds secure that debt; where the written memorandum merely records a completed transaction, no separate registered mortgage instrument is required. On the facts stated, the admission of execution and the surrounding conduct supported a valid equitable mortgage, so a mortgage decree was warranted. The separate challenge to refusal of restoration was also said to fail, as the objection based on counsel's authority did not disclose legal infirmity. The text notes that the impugned orders were set aside only to the extent necessary to restore the trial court decree, with interest reduced. Case-Laws Indian Laws Thu, 29 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757689