Legal Documentation
Mortgage Deed
Drafting and registration of mortgage deeds and related documents for loans secured against property.
A mortgage transfers an interest in specific immovable property to secure the repayment of a loan. Section 58 of the Transfer of Property Act, 1882 recognises several kinds of mortgage — simple, usufructuary, English and mortgage by deposit of title deeds, among others — and each carries different rights for the lender and the borrower.
Where the principal money secured is one hundred rupees or more, a mortgage (other than by deposit of title deeds) must be made by a registered instrument signed by the mortgagor and attested by at least two witnesses. The chambers drafts and reviews mortgage deeds for lenders and borrowers, advises on redemption and release, and assists with registration.
How we assist
- Advice on the appropriate type of mortgage
- Drafting and vetting of mortgage deeds
- Title verification of the mortgaged property
- Stamp duty and registration
- Redemption and release (reconveyance) deeds
- Review of loan and security documents
Documents usually required
- Title documents of the property
- Loan terms: amount, interest, tenure and repayment
- Aadhaar and PAN of mortgagor and mortgagee
- Passport-size photographs
- Revenue records or property ID, as applicable
The exact list depends on the property or business concerned; it is confirmed after the documents are reviewed.
Frequently asked questions
A mortgage securing one hundred rupees or more must be made by a registered instrument, except a mortgage by deposit of title deeds (an equitable mortgage), which is created by delivering the title documents with the intention of creating security.
Collect the original title documents and obtain a release or no-dues letter from the lender. Where the mortgage was registered, a release deed may also need to be registered so that the records show the property is free of the charge.
The information on this page is general in nature and is not legal advice. Stamp duty, fees and requirements are set by the authorities and can change; they are confirmed for each matter.
How We Work
A clear path from first call to final hearing.
A structured, transparent process — so you always know where your matter stands and what comes next.
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1
Initial Consultation
Share the facts of your matter in a confidential discussion with our advocates.
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2
Case Assessment
We examine documents, records and law to assess your legal position.
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3
Strategy & Drafting
A clear course of action followed by precise pleadings and applications.
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4
Representation
Diligent appearance and argument before courts, tribunals and authorities.
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