Equitable Mortgage - Certified copy acceptable

In circumstances where the original title deeds are lost or not forthcoming, the certified copies of the title deeds can be deposited to create a valid equitable mortgage.

2001(3)KLT 273
ILR 1992 Kerala 43 (Division Bench) (Assiamma v. State Bank of Mysore)

Mortgage by deposit of title deeds - Caution

A Memorandum of Deposit of title deeds need not be registered. But the memorandum should not by itself become the mortgage. The memorandum should be worded as an acknowledgement from the mortgager to the mortgagee that the title deeds are deposited with the mortgager, at an earlier point of time. The memorandum should not be contemporaneous, else it will require registration.

2001(1)KLT 303
AIR 1966 SC 170
2000(1)KLT 857

Mortgage - Future Debts

A valid mortgage can be created also for a future debt.
2001(1)KLT 548

For my eyes alone...

This is a private blog for my own reference. I have dedicated this blog for recording the most important judgments in Transfer of Property Act (India)