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Mortgage and Pledge
Download Indian mortgage and pledge templates: simple/usufructuary/English mortgages, equitable mortgage, charges, hypothecation, pledges, second/sub-mortgages, and reconveyance.
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Quick Overview
All templates are provided for reference and should be reviewed by legal professionals before use.
Frequently Asked Questions
Common questions about Mortgage and Pledge legal templates
What types of mortgages are included?
Templates cover simple, usufructuary, English, mortgage by conditional sale, equitable mortgage (deposit of title deeds), second and sub-mortgages, and further mortgages.
What is an equitable mortgage by deposit of title deeds?
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.
How is a simple mortgage different from an English mortgage?
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 is a usufructuary mortgage used?
When the mortgagee takes possession and enjoys rents and profits in lieu of or towards interest/principal without personal liability of the mortgagor.
What is a deed creating charge on property?
It creates a charge (security interest) over property without transfer of interest, often used to secure loans; registration and stamp duty generally apply.
What is the difference between pledge and hypothecation?
Pledge involves delivery of possession of movables to the lender; hypothecation creates a charge over movables without transfer of possession, typically for bank credit.
What is a reconveyance deed?
Executed by the mortgagee to re-transfer title to the mortgagor after full repayment, clearing encumbrances; must be stamped/registered as per law.
Can a second mortgage be created on the same property?
Yes, subject to existing mortgage terms; priority follows chronology unless inter-creditor arrangements alter priority. Obtain prior consent where required.
What documents support a mortgage by deposit of title deeds?
Original title chain, tax and encumbrance records, loan terms, memorandum/record of deposit, KYC, and valuation; file charges with ROC for companies.
What special considerations apply to HUF property mortgages?
A Karta may mortgage for legal necessity or benefit of estate; drafts reflect authority and recitals evidencing necessity to bind other coparceners.