Mortgage and Pledge

Templates cover simple, usufructuary, English, mortgage by conditional sale, equitable mortgage (deposit of title deeds), second and sub-mortgages, and further mortgages.

A security created by depositing original title deeds with the lender in notified towns, recorded via a memorandum/record; stamp/registration rules vary by state.

In a simple mortgage, property is security without transfer of ownership; an English mortgage transfers property absolutely to the mortgagee with a covenant to re-convey on repayment.

When the mortgagee takes possession and enjoys rents and profits in lieu of or towards interest/principal without personal liability of the mortgagor.

It creates a charge (security interest) over property without transfer of interest, often used to secure loans; registration and stamp duty generally apply.

Pledge involves delivery of possession of movables to the lender; hypothecation creates a charge over movables without transfer of possession, typically for bank credit.

Executed by the mortgagee to re-transfer title to the mortgagor after full repayment, clearing encumbrances; must be stamped/registered as per law.

Yes, subject to existing mortgage terms; priority follows chronology unless inter-creditor arrangements alter priority. Obtain prior consent where required.

Original title chain, tax and encumbrance records, loan terms, memorandum/record of deposit, KYC, and valuation; file charges with ROC for companies.

A Karta may mortgage for legal necessity or benefit of estate; drafts reflect authority and recitals evidencing necessity to bind other coparceners.