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Gargi Ranade (Company Secretary)     06 October 2015

Mortgage creation

We are Pvt. Ltd. Co enaged in manufacturing of Machines and Molds, we want to purchase leasing interest in the adjacent MIDC plot from the original lease holder. he has mortgaged the plot with Bank , we will pay the Mortgage amount directly to the Bank and Bank will release the title deed. there will be time gap between release of title deed from Bank until we transfer the plot in our favor after taking necessary permission of the MIDC. We have already entered into unregister MOU for the transaction , now in order to ensure performance from seller we wish to create charge/ mortgage on the property once the Bank release the same. is it legally possible to create charge on such property by Pvt. Ltd. Co. or only banking companies are allowed to create charge. further please confirm whether this transaction is legally possible.


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 1 Replies

Ramesh (Lawyer)     06 October 2015

only financial institutions are allowed to create the change on the property not by the pvt ltd. co. you need to wait until the bank leased the charge once it is realesed from the bank, then you can register the sale deed and get the loan over the property and mortgage the same.

 


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