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    This document discusses the concept of mortgages under Indian law. It defines a mortgage as the transfer of an interest in immovable property to secure a loan. The key elements discussed are: 1) A mortgage involves the transfer of an interest in specific immovable property from the mortgagor to the mortgagee. 2) The transfer is made to secure repayment of a loan or other financial obligation of the mortgagor. 3) The mortgage deed is the legal document that effects the transfer and outlines the terms, including describing the property, parties, repayment terms, and possession rights.

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    CIA III.ananya Pande.26.Dpc

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    This document discusses the concept of mortgages under Indian law. It defines a mortgage as the transfer of an interest in immovable property to secure a loan. The key elements discussed are: 1) A mortgage involves the transfer of an interest in specific immovable property from the mortgagor to the mortgagee. 2) The transfer is made to secure repayment of a loan or other financial obligation of the mortgagor. 3) The mortgage deed is the legal document that effects the transfer and outlines the terms, including describing the property, parties, repayment terms, and possession rights.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    1 views9 pages

    CIA III - Ananya Pande.26.Dpc

    Uploaded by

    vishu
    This document discusses the concept of mortgages under Indian law. It defines a mortgage as the transfer of an interest in immovable property to secure a loan. The key elements discussed are: 1) A mortgage involves the transfer of an interest in specific immovable property from the mortgagor to the mortgagee. 2) The transfer is made to secure repayment of a loan or other financial obligation of the mortgagor. 3) The mortgage deed is the legal document that effects the transfer and outlines the terms, including describing the property, parties, repayment terms, and possession rights.

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    of 9

    CONCEPT OF MORTGAGE AND DRAFTING OF

    MORTAGE DEED

    BY- ANANYA PANDE


    SEMESTER-VIII, SECTION-B
    ROLL NO.- 26
    TABLE OF CONTENT
    • MEANING OF MORTGAGE
    • SECTION 58 OF TRANSFER OF PROPERTY ACT,
    1882
    • ESSENTAL ELEMENTS OF MORTGAGE
    • TYPES OF MORTGAGE
    • ESSENTIALS OF MORTGAGE DEED
    • EXAMPLE OF MORTGAGE DEED
    MEANING OF MORTGAGE

    The person who transfers the


    A mortgage is a transfer of an
    property is called “Mortgagor”
    interest in immovable property
    and the person in whose name
    and it is given as a security for a
    the property is transferred is
    loan.
    called “Mortgagee”.

    The ownership of an immovable


    property remains with the
    mortgagor itself but some
    interest in the property is
    transferred to the mortgagee
    who has given a loan.
    Section 58 of Transfer of Property Act, 1882
    MORTGAGE MORTGAGE MONEY MORTGAGE DEED
    • A mortgage is the • The principal money • The instrument (if
    transfer of an and interest of which any) by which the
    interest in specific payment is secured transfer is effected is
    immoveable for the time being called a mortgage-
    property for the deed.
    purpose of securing
    the payment of
    money advanced or
    to be advanced by
    way of loan, an
    existing or future
    debt, or the
    performance of an
    engagement which
    may give rise to a
    pecuniary liability.
    ESSENTIAL ELEMENTS OF MORTGAGE

    • There should be a transfer of interest in


    Transfer of mortgaged property between the
    Interest mortgagor and mortgagee to constitute a
    valid mortgage.

    Specific • There must be a specific immovable


    Immovable property in the possession of the mortgagor
    Property which is distinctly specified.
    • The transfer is to be made to secure
    Consideration payment of a loan or for securing the
    performance of a particular contract.
    Simple
    Mortgage

    Anomalous Conditional
    Mortgage Mortgage
    Types of
    Mortgag
    e

    English Usufructuary
    Mortgage Mortgage
    ESSENTIAL OF MORTGAGE DEED

    Details of the
    Description of Parties to the
    Mortgaged Recital
    the deed deed
    Property

    Covenant for Mortgage


    Habendum Possession
    Repayment Clause

    Redemption Execution and


    Clause Attestation
    THANK YOU

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