Legal Question in Real Estate Law in India

can an equitable mortgage be created by a person not having right, title and interest in a property through a memorandum of mortgage with a bank by depositing the title deeds along with it. if not then what provisions are there to have the financial institution release the encumbrance on the asset.


Asked on 1/20/10, 5:12 am

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

a person who is not having any right title or interest, cannot mortgage the property with the bank. a suit may be filed for cancellation of mortgage and return of documents.

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Answered on 1/21/10, 3:02 am


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