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...petitioner simply went to the Bank and handed over the title deeds of their respective properties. This act was enough to create a mortgage as envisaged under Section 58(f) of the ...registration and payment of the registration fee and stamp duty.10. A mortgage by deposit of the title deeds is sanctioned by law under Section 58(f) of the ...deeds in terms of Section 58(f) of the Transfer of Property Act surely acknowledges the receipt and transfer of interest and, therefore, one may conten...
...Section 58(f), Transfer of Property Act, envisages a form of mortgage by deposit of title-deeds. According to this provision, where a person d...immovable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title-deeds. It is then provided in section 59 of the Act that where the principal money.... Besides this, he created an equitable mortgage of his land in favour of the Bank by depositing the title deeds. Thereafter, the defendant Daljit Singh sold the hypothecated property as well as the...
...town of Jamnagar has not been included. Therefore, under the provisions of Section-58(f) of the Transfer of Property Act, 1882 (“the T.P Act”, for shor.... On the next date of hearing, the State Government may make it clear whether the City of Jamnagar is included in the Notification dated 02.12.1980, as amended from time to time, for the purpose of ...included by a Notification of the State Government issued by the Urban Department and Urban Housing Department No. KV/28/2006-AMN/902006-140-P, dated 14.02.2006, under Section-58(f...
...section 58 (f) of the Transfer of Property Act which provides that it may be effected in certain towns (including Calcutta) by a person "delivering to ...section 17 of the Indian Registration Act, 1908, as a non-testamentary instrument creating an interest in immovable property, where...section (section 17 of the Registration Act) unless on its face it embodies such terms (1) 58 I.A. 68...
...security, wished to mortgage the immovable property of the Company at Village Hassangarh, District Rohtak. The Company accordingly offered its property for equitable mortgage as per Section ...Section 58(f) of the Transfer of Property Act. Quite often a memorandum is simply a written record of the pledge. The memorandum itself is not...Registration Act and the Stamp Act did not apply.”The Division Bench has further held as under:-“We are of the view that an equitable mortgage is created by deposit...
...within cantonment area in respect to which the power contemplated under Section 58(f), Transfer of Property Act could not be exercised. Indeed, it is also not d...Rs. 6000/-. It is also stated that he was a member of a weaker section of society. He accordingly claimed exemption from payment of court-fees, invoking Government Notification No. F.9.83-B-XXI, dated...:
"In exercise of the powers conferred by Section 35 of the Court-fees Act, 1870 (No. 7 of 1870), the Sta...
...A the Xerox copy of sale deed is deposited. To understand the creation of the equitable mortgage it is necessary to understand the ingredients of Section 58 (f) of ...Provides for creation of equitable mortgage by deposit of document of tile to immovable property with an intent to create security thereon. The said Section 58 (f) ...as under : Section 58 (f) : Mortgage by deposit of title-deeds. Where a person in any of the following towns, namely, the...
...petitioner, has contended before this Court that under Section 58(f) of Transfer of Property Act, 1882, the title deeds are required to be deposited fo.... Section 58(f) is quoted hereunder:“58. (f).—Mortgage by deposit of title-deeds.— Where a person in any of the following towns, namely, the town...section 30 of the Land Acquisition Act, 1894. Hence the matter can be remanded back.5. Mr. Saran has joined the issue and...
...of registration fee?4. Mortgage by deposit of title deeds is a type of mortgage described in Section 58(f) of the Transfer of ...regarding whether an equitable mortgage by deposit of title-deeds and subsequent registration of a memorandum confirming the deposit of title-deeds under Section 58(f) ...envisaged under Section 58(f) of the Transfer of Property Act. Quite often a memorandum is drawn up regarding the handing over of the title-de...
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http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 16
PETITIONER:
K.J.NATHAN
Vs.
RESPONDENT:
...
Section 58(f) of the Transfer of Property Act defines a mortgage by deposit of title deeds thus:
...with the intention to create a mortgage by deposit of title deeds. Such delivery satisfied the condition laid down by s. 58(f) of the Transfer of Property Act.
...
...correct.
7. A mortgage by deposit of title deeds is a form of mortgage recognised by Section 58(f) of the Transfer of Property ...Section 17 of the Registration Act. It was contended on behalf of the defendants that in the absence of the registration t..., required registration under Section 17 of the Registration Act. The trial court, therefore, granted a money decree in...
...Thiruvettakudy is not notified Town as per Section 58(f) of Transfer of Property Act?
(iii) Whether the Memorandum of...appearing for the second defendant submitted that delivery must be in the towns mentioned in the Transfer of Property Act. As per Section 58(f) of the Transfer ...deed was executed in the place of the plaintiff as contemplated under Section 58(f) of the Transfer of Property Act?
(ii) Whether the pla...
...EQUITABLE MORTGAGE
AS ENVISAGED UNDER SECTION 58(f) OF THE
TRANSFER OF PROPERTY ACT.
EXHIBIT P2...provisions of SARFAESI Act. On account of the subsequent attachment effected over the secured asset after mortgage, the registering authority refused to register the sale certificate....
Though notice was served on the party respondent, none appeared. In the light of the fact that sale was conducted pursuant to statutory provisions under the SARFAESI Act, the registering authority...
...immovable property, attracting the sweep of the said section?4. Mortgage by deposit of title deeds is created under Section 58(f) of the ...upwards, to or in immovable property come under Section 17(b) of the Act and they require registration. But, does a memorandum of deposit of title deeds create or declare any right or title over...registration and that the impugned order is hence defective.3. Section 17 of the Registration Act gives a list of documents which are compulsorily registrable. Non-testamentary instruments...
...as per Section 58(f) of Transfer of Property Act?
(iii) Whether the Memorandum of Agreement is to be stamped and regi...submitted that delivery must be in the towns mentioned in the Transfer of Property Act. As per Section 58(f) of the Transfer of Property Act, ...plaintiff as contemplated under Section 58(f) of the Transfer of Property Act?
(ii) Whether the plaintiff proved her case for recovery of...
...attracts Section 58(a) and (b) of the Transfer of Property Act, 1882 and the First Appellate Court has wrongly invoked Section ...premise that Ex.P1 is a mortgage by deposit of title deeds and falls under Section 58(f) of the Transfer of Property Act. The First Appellate ...Section 59 of the Transfer of Property Act exempts registration of document of mortgage by depo...
...deposit of title deeds and a mortgage deed. A mortgage by deposit of title deeds envisaged in Section 58(f) Transfer of Property Act is create...Court in para 7 held that:“(7) A mortgage by deposit of title deeds is in a form of mortgage recognized by S. 58(f) of the Transfer of Property ...interest of Rs. 14,700/-.2. Section 2(17) of the Indian Stamp Act defines a mortgage-deed. It is quoted hereunder:—“2. Definitions.— In this Act, unless there is something...
.... It reads:“Section 58(f) of Transfer of Property Act lays down that mortgage by deposit of title deeds may be created by the m...Secunderabad, Bulandshahar submits a reference under Sec. 38(2) Stamp Act to Collector for realisation of deficient stamp duty. A show cause notice is issued.3. On...thereon is at Rs. 55.00 It is urged that facts do not constitute a case under Art. 40(b) of Schedule 1-B of Stamp Act. Parties are given chance to lead their evidence. On...
...letter dated 3-8-1972 being documents of title within the meaning of Section 58(f) of the Transfer of Property Act, the High Court committed a mistake in opinin...not stand as a bar in creating such a mortgage. The principal question, which, therefore, requires consideration is as to whether for satisfying the requirements of Section 58(f) of the Transfer ...its fulfilment of condition may confer a title upon it in terms of Section 58(f) of the Transfer of Property Act, but the question would be whether such a right...
...that there is no statutory embargo to entertain the writ petition in view of section 18 of the rddb act. He further argued that the fundamental question that arises is as to whether the so-called mortgage created b...clause (f) of Section 58 of the Transfer of Property Act, and therefore such deposit ...parameters relevant in that regard, under Section 58(f) of the Transfer of Property Act, for creation of equitable mortgage by deposit ...