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Mortgage, Pledge , Hypothecation and Security Document
Download Indian mortgage, pledge, hypothecation, and security templates: simple/English/usufructuary mortgages, equitable mortgage, charges, transfers, and releases.
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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, Pledge , Hypothecation and Security Document legal templates
What types of security documents are included in this directory?
Templates include simple, English, usufructuary, and conditional-sale mortgages; equitable mortgages (deposit of title deeds) with records/memoranda; second and transfer of mortgage; reconveyance/release; deeds creating charge; pledge and hypothecation agreements; facility letters, letters of comfort, and trust receipts.
What is an equitable mortgage by deposit of title deeds?
It is a security created by depositing original title deeds with a lender (often in notified towns). Parties may execute a memorandum/record, with stamp/registration varying by state.
How does a simple mortgage differ from an English mortgage?
A simple mortgage creates a charge without transferring ownership; an English mortgage transfers property absolutely to the mortgagee with an obligation to re-convey on full repayment.
When is a usufructuary mortgage used?
When the mortgagee takes possession and enjoys rents/profits towards interest or principal, typically without personal liability of the mortgagor.
What is the difference between pledge and hypothecation?
Pledge involves delivery of possession of movables to secure a debt; hypothecation creates a charge over movables without transferring possession, commonly used for bank credit to businesses.
What documents evidence an equitable mortgage?
A declaration in support of equitable mortgage and a memorandum/record of deposit of title deeds, along with the original title chain, loan terms, and KYC. Companies must file charge particulars with the ROC.
What is a reconveyance or release of mortgage?
After full repayment, the mortgagee executes a reconveyance/release deed to clear the encumbrance and retransfer title, which may require stamping/registration.
What is a facility letter and letter of comfort?
A facility letter records sanctioned credit terms (limits, pricing, security, covenants). A letter of comfort is a sponsor/parent’s assurance, typically non-binding unless expressly stated.
When is a second mortgage or transfer of mortgage used?
A second mortgage secures additional debt over already mortgaged property. A transfer of mortgage assigns the mortgagee’s rights to another lender, preserving priority per law and contract.
What is a trust receipt given by a pawnor?
It allows the borrower to retain/use pledged goods under trust in favour of the bank, acknowledging the bank’s security interest and undertaking to account for proceeds/return goods.