Pata- for creation of equitable mortgage.

amit kumar (Querist) 12 December 2014 This query is : Resolved
Can we consider PATTA as title deed for creation of equitable mortgage.
In my view it is only evidence of title and not title deed,which is basic requisite for creation of equitable mortgage.

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Devajyoti Barman (Expert) 12 December 2014
On the basis of Patta equitable mortgage acan be created.

Rajendra K Goyal (Expert) 12 December 2014
Academic query.

prabhakar singh (Expert) 12 December 2014
To my knowledge Patta it self is a kind of lease by which the grantee does not receive any transferable right or title in the property, hence even if he has a deed of Patta, the same can not be deposited or accepted as a title deed.

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Devajyoti Barman (Expert) 12 December 2014
Yes but the same is of permanent nature and generally of 999 years making is akin to a deed of sale or title deed.

prabhakar singh (Expert) 12 December 2014
Dear !
Even PAtta of permanent durations called pusht dar pushst or ishtdermarai does not carry right to transfer by grantees.

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