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chandanchakraborty (Service)     19 August 2016

Query on execution of equitable mortgage

I along with my brother purchased a land. Later we have obtained individual record from revenue department which s known as Khatian in West Bengal. I approached to bank for a loan and bank informed me that both of us (my brother and me) has to execute euqitable mortgage as land deed is common. Now my question  that after recording my share with revenue department is it necessary to execute equitable mortgage by both os us.



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 1 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     19 August 2016

Revenue records are not conclusive evidence of conferment of title. Rather they only hold a very weak substantiation to the question of the title. The bank is just being cautious in asking for both of you to execute the mortgage. Go ahead and do it.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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