...deposited with the Bank by the borrower. In this way mortgage by deposit of title deeds took place. It is not in dispute that this transaction had taken place in a town notified under Section 58(f) of the Transfer of Property Act. The...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 Transfer of Property Act. Quite...without its 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 Transfer of Property Act in...

...Section 58(f), Transfer of Property Act, envisages a form of mortgage by deposit of title-deeds. According to this provision, where a person delivers to a creditor documents of title to...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 short), read with Section-37 of the the Securitisation.... 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 Section-58(f) of the Transfer of Property Act, 1882....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 his creditor or his agent documents of title...section 17 of the Indian Registration Act, 1908, as a non-testamentary instrument creating an interest in immovable property, where the value of such property is one hundred rupees and up- wards...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 58(f) of Transfer of Property Act by...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 an instrument of mortgage. The...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 denied that...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 State Government...

...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 Transfer of Property act which...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) of Transfer of Property act reads...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 for creation of any mortgage.... 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 towns of Calcutta...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 Property Act. There are other...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) of the Transfer of Property Act, rendered...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-deeds but this memorandum is simply...

... http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 16 PETITIONER: K.J.NATHAN Vs. RESPONDENT: S. V. MARUTY REDDY AND OTHERS DATE OF JUDGMENT: 11/02/1964 BENCH: SUBBARAO, K. BENCH: SUBBARAO, K. MUDHOLKAR, J.R. CITATION: 1965 AIR 430 1964 SCR (6) 727 ACT: Mortgage-Mortgage by deposit of title deeds--No document executed on the day of deposit-Can intention be inferred from a deed subsequently executed and registered-Transfer of Property Act (Act No. IV of 1882), s. 58(f). HEADNOTE: The plaintiff-appellant filed a suit to enforce a mortgage by deposit of title deeds. The case of the plaintiff was that on 10th May, 1947, the 1st defendant deposited with the plaintiff at Madras other title deeds and papers relating to his half share in items specified in Schedule 'B' attached to the plaint with intent to create a security over the same in respect of advances made by the plaintiff. Before the 10th May, 1947, the 1st defendant borrowed from the plaintiff from time to time Rs. 16,500/- on 7 promissory notes. 'Me case of the plaintiff further was that the 1st defendant executed a memorandum of agreement, dated 5th July, 1947, in which the equitable mortgage thus created and the amount borrowed by him till then were acknowledged and he had undertaken to repay the said sum of Rs. 16,500/- with interest. This memorandum of agreement had been duly registered. This suit was for recovery of the principal amount of Rs. 16,500/- and interest thereon. The 1st defendant did not file any written statement denying the said allegations. The 3rd defendant (a subsequent mortgagee), the only contesting defendant, filed a written statement wherein he put the plaintiff to strict proof of the fact that the sums claimed in the plaint were due to him from the 1st defendant and of the fact that the 1st defendant effected a mortgage in his favour by deposit of title deeds. The Trial Court held that the 1st defendant had no intention to create a mortgage by deposit of title deeds on May 10, 1947. On appeal the HIgh Court also affirmed the finding of the trial Court. The question for consideration was whether on 10th May, 1947, there was a loan and whether the 1st defendant delivered to the appellant the documents of title of B Schedule properties with the intent to create a security thereon. Held:(i) Under the Transfer of the Property Act, a mortgage by deposit of title deeds is one of the forms of mortgages whereunder there is a transfer of interest in 1 specific immovable property for the purpose of securing payment of money advanced or to be advanced by way of loan. Therefore, such a mortgage of property takes effect against a mortgage deed subsequently executed and registered in respect of the same property under Section 58(f) of the Transfer of Property Act. The three requisites of a mortgage by deposit of title deeds are, (i) debt, (ii) deposit of title deeds, and (iii) an intention than...stage to notice the relevant aspects of the law pertaining to mortgage by deposit of title deeds. 732 Section 58(f) of the Transfer of Property Act defines...delivery satisfied the condition laid down by s. 58(f) of the Transfer of Property Act. (Iii)There is nothing unusual in this conduct of the parties either. If there was a...

...correct. 7. A mortgage by deposit of title deeds is a form of mortgage recognised by Section 58(f) of the Transfer of Property Act which provides that it...Section 17 of the Registration Act. It was contended on behalf of the defendants that in the absence of the registration the plaintiff was not..., 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 Agreement is to be stamped...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 of Property Act, where a person in any of...deed was executed in the place of the plaintiff as contemplated under Section 58(f) of the Transfer of Property Act? (ii) Whether the plaintiff proved her case for...

...EQUITABLE MORTGAGE AS ENVISAGED UNDER SECTION 58(f) OF THE TRANSFER OF PROPERTY ACT. EXHIBIT P2 TRUE COPY OF SALE...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...

...property, attracting the sweep of the said section?4. Mortgage by deposit of title deeds is created under Section 58(f) of the Transfer of Property Act. According...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 immovable...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 which...

...as per Section 58(f) of Transfer of Property Act? (iii) Whether the Memorandum of Agreement is to be stamped and registered under law...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, where a person in any of the following towns, namely, the...plaintiff as contemplated under Section 58(f) of the Transfer of Property Act? (ii) Whether the plaintiff proved her case for recovery of money...

...meaning of Section 58(f) of the Transfer of Property Act, the High Court committed a mistake in opining otherwise.(v) Consent letter dated 3-8-1972, which is in...Section 58(f) of the Transfer of Property Act, it was necessary to deposit documents showing complete title or good title and whether all the documents of title to the property were required to...financial institutions subject, of course, to 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...

...attracts Section 58(a) and (b) of the Transfer of Property Act, 1882 and the First Appellate Court has wrongly invoked Section 58(f) of the Transfer of...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 Court further held that...Section 59 of the Transfer of Property Act exempts registration of document of mortgage by deposit of title deeds. 13. To be a mortgage by deposit of title deeds covered under Section 58(f) of...

...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 created when the debtor deposits...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 Act which...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 mere act of deposit of title deed...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...

...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 by the Appellants by deposit of title deeds is enforceable without registration in terms of the Indian Registration Act having regard to Section 58(f) of the Transfer of Property Act...clause (f) of Section 58 of the Transfer of Property Act, and therefore such deposit of title deed does not satisfy the statutory...parameters relevant in that regard, under Section 58(f) of the Transfer of Property Act, for creation of equitable mortgage by deposit of title deeds. 5...