Legal Question in Banking Law in India

Banking law

Can a family settelment attested by central notary creat a valid mortgage with bank?


Asked on 4/13/08, 12:44 pm

6 Answers from Attorneys

J. Radhakrishnan independent Practice

Re: Banking law

The answer is no. Any document concerning immovable property should have to be registered with the Registrar of Assurances. No Bank will accept a document without registration, even if it is attested by a notary, central of State.

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Answered on 4/14/08, 11:04 pm
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Banking law

actually your question appears to mean can a settlement not registered simply attested before notary constitute a title deed and can it be deposited in mortgage . The answer is no as TP Act requires any such document is mandatory one view of Bombay is that a memorandum of family arrangement needs no compulsory registration . How ever section 17 of Registration Act is clear it shows that full applicable stamp duty is required to be paid

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Answered on 4/18/08, 11:07 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Banking law

You need to register the family settlement in the Office of the Sub-Registrar of your zone. Which city you belong to?

In case of need please contact alongwith the details.

Professional charges are applicable.

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Answered on 4/15/08, 12:09 am

Re: Banking law

Yes.But it is safe and better to get the same registered.

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Answered on 4/16/08, 4:05 am

Re: Banking law

You can register your family settlement deed through your sub-registrar of your area then only it is valid for mortgage with any bank.

M.P. SANJAY

Ph : 9392465234

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Answered on 4/14/08, 4:46 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Banking law

No. Registration is necessary.

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Answered on 4/15/08, 8:49 am


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