Aaditya Raj Bishnoi 03 August 2018

Deposit of title deed

Can we do equitable mortgage of property situated under two different district (notified area) at one notified area, for example one proprty is situated at Morbi district and another property is situated at Jamnagar District, can we do equitable mortgage by deposit of title deed at Morbi.

My advocated suggested that if properties are multiple then you can deposit the title deeds at any of the notified area, but in case of single property you have to deposit the title deed at notified area where property is located.

kindly advise.

thanks & regards

Aaditya

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1 Replies

R.Ramachandran (Advocate) 03 August 2018

1. With whom you will deposit the title deeds? The banker/Financial institution. Isn't it? If that be so, who will be the right person to answer your query. It will be the banker/Financial institution. Not any one of us here.

2. If the Banker/Financial Institution is comfortable in getting the title deeds lodged at one place - that is fine. If they are not comfortable, naturally you have to think.

3. Whatever may be the case - whether the title deeds are accepted at one place or at multiple places - the Bank/Financial Institutions have to register the same with the Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI), set up under sub-section (1) of Section 20 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002).

Therefore, better ask this question to the Bank/Financial Institution who will be financing you.