mortgage

rajvinder singh (Querist) 07 April 2010 This query is : Resolved
is it necessary to get signatures of mortgagee on mortgage deed.

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Srinath Kondapally (Expert) 07 April 2010
yes, it6 is must..

rajvinder singh (Querist) 07 April 2010
sec 59 does not say this

Raj Kumar Makkad (Expert) 08 April 2010
As it is a mutual agreement so signature of both the parties are mandatory.

Parthasarathi Loganathan (Expert) 08 April 2010
Mortgage is valid only when it is signed by the mortgagor and mortgagee in the case of Registered Memorandum only. However for creation of Equitable Mortgage, signature of mortgagor and his acknowledgement for having deposited the title deeds to the property mortgaged is sufficient.

Guest (Expert) 08 April 2010
Mortgage Deed requires only Mortgagor's signature, whether it is registered or not. It is executed by him in favour of the Mortgagee. Mortgagee signature is not required under Registration Rules. But when the mortgage money is paid back, the Mortgagee alone has to sign the Receipt duly acknowledging the mortgage money and reconvey the property to the Mortgagor. In the Receipt Deed, the Mortgagor's signature is not required.

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