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Amit D   06 November 2024

Does the term "deed of mortgage" have special meaning? what if the document is labelled differently?

I have  a transaction under dispute where my advocate, at that time, labeled the document as Declaration of Mortgage and not as Deed of Mortgage. Is the term "Deed of Mortgage" used in any Act? If the same terms and conditions are put in a document that is labeled differently, for example, as "Declaration of Mortgage," would that make a difference? By new advocate says that my old advocate made a big mistake by putting the title Declaration of Mortgage on the document.

Please comment.



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 9 Replies

T. Kalaiselvan, Advocate (Advocate)     06 November 2024

A declaration deed is a document that contains information about a property, including details about the mortgage, the value of the property, and how the mortgage will be paid. A declaration deed can be customized to meet specific needs. 

 A mortgage deed is a legal document that outlines the terms and conditions of a mortgage agreement between a borrower and a lender. It's created when a borrower uses their property as collateral for a loan. The mortgage deed establishes the rights and obligations of the parties involved, and protects the lender if the borrower defaults on the loan. The deed also transfers interest in the property from the borrower to the lender. 

 

1 Like

Amit D   06 November 2024

What if all the terms and conditions of a Mortage Deed are in a Declaration of Mortgage? Meaning that the label of the document is Declaration of Mortgage but the content is that of a Deed of Mortgage.  Is it treated like a Deed of Mortgage?

What about Registration? Is it dependent on what title is assigned to the document?

 

Real Soul.... (LEGAL)     07 November 2024

If the document is registered and the contents of the document specifies the mortgage that is eniugh, the title being declaration or deed makes no sence ain such situation. That will be considerd as Motgage deed,

1 Like

N.K.Assumi (Advocate)     07 November 2024

I am of the view that the cardinal principles in interpreting a documents the contents of the document take precedence over the form. If the contents of the documets exhibit the intention of the parties to create a mortgage, then it does not matter if the title is mistakenly mentioned as a Declaration of Mortgage, because the evidence as to form of title is unmeaning to the existing facts of contents of the document. Accordingly, with due respect I differ with the view of T.Kalaiselvan, Advocate.

1 Like

P. Venu (Advocate)     07 November 2024

What are the facts? What is the context?

In the absence the elementary aspects, the posting is a riddle than a query, that too, when you are seeking second (or third) opinion on a realtime issue.

Dr. J C Vashista (Advocate )     08 November 2024

What are the facts of the case / dispute / problem, which is otherwise prima facie a moot court topic for discussion.

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Amit D   08 November 2024

The opinion by Adv. N. K. Assumi and Adv. Kalaiselvan, though different, gave the required answers I needed. I like to keep my questions brief and to the point, without cluttering with irrelevant details.

Thank you all for responding.

N.K.Assumi (Advocate)     10 November 2024

Even writ petition can be converted into Appeal petition by the Court, if the case demands. Afetr all the Shakesperean also stated :Whats there in a Name.'

1 Like

Amit D   10 November 2024

...And my thanks to Real Soul too. Missed thanking him in my earlier response.


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