Respected all,
My query is that :-Equitable mortgage is created in favour of bank by depositing title deeds such as 7/12 (xerox copy) extract ( as there is no other title documents ) further there are no single transaction on 7/12 since last 20 years. moreover the bank has not created charge over the 7/12 extract regarding mortgage.
Now the Mortgagor sold the mortgage property to some other person. without consent and knowledge of bank. In that case wheather the equitable mortgage created in favour of bank can survive ? ?
Plz support your answer with citation if any ..............................
