https://www.taxtmi.com/caselaws?id=462262 A mortgage by deposit of title deeds arises when title deeds are delivered with intent to create security, without any need for a registered instrument if the charge springs from the deposit itself. Where, however, the parties intend the writing to embody the bargain and create the security, that memorandum becomes the operative instrument and requires registration. Applying that test, the memorandum here was only evidential of an already completed transaction and did not itself create the mortgage. It was therefore not required to be registered and remained admissible to prove the mortgage. en-us Fri, 05 May 1950 00:00:00 +0530 Fri, 06 Jun 2025 17:18:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=462262 A mortgage by deposit of title deeds arises when title deeds are delivered with intent to create security, without any need for a registered instrument if the charge springs from the deposit itself. Where, however, the parties intend the writing to embody the bargain and create the security, that memorandum becomes the operative instrument and requires registration. Applying that test, the memorandum here was only evidential of an already completed transaction and did not itself create the mortgage. It was therefore not required to be registered and remained admissible to prove the mortgage. Case-Laws Indian Laws Fri, 05 May 1950 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=462262