Registar require title deed for equitable morgage instade of registered will
vivekkaskhedikar
(Querist) 04 January 2015
This query is : Resolved
Dear colleagues,
One of my client is willing to do equitable mortgage of his property and he has registered will of his father in his name,also he has his name in revenue record(KHASARA).But the Registrar require title deed else he require rulling on the same.Please suggest your veiw on the matter and guide.
Thanks & Regards
Vivek Kaskhedikar
Burhanpur(MP)
Sri Vijayan.A
(Expert) 04 January 2015
The will and khasara itself form the marketable title.
Try to convince the sub registrar.
If the registrar continues not to register, ask him to issue a letter stating the reason for refusing to register. Then with the letter, appeal to District Registrar.
On the other hand, ask the sub registrar to register with pending number.
Then, he can get it clarified with his higher officials and release the registered document later.
Finally, please check the memorandum of deposit of title deeds comes under section 17 or 18 of Registration Act (in your state)
If it is in S.18, Documents of which registration is optional, make it an unregistered document.
Devajyoti Barman
(Expert) 04 January 2015
On the basis of the same no equitable mortgage can be created . However, he can create normal mortgage by way of registered mortgage deed.
The registrar can not question the title of the mortgagor.
Rajendra K Goyal
(Expert) 04 January 2015
Equitable mortgage can not be created with the above documents, registered mortgage can be created.
vivekkaskhedikar
(Querist) 04 January 2015
thanks Mr. Barman i have heard that it can be done but i am unable to find the rulling for the same.
Dr J C Vashista
(Expert) 05 January 2015
I agree with the expert advise of Mr. Barman it cannot create equitable mortgage but simple registered mortgage.
T. Kalaiselvan, Advocate
(Expert) 08 January 2015
For equitable mortgage, title document is required,a registered Will bequeathing the property will not be sufficient for that.
