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MORTGAGE
BY DEPOSIT FO TITLE DEEDS / EQUITABLE MORTGAGE
Where
a person in any of the following towns, namely, the towns of Calcutta,
Madras and Bombay and in any other town which the State Government
concerned may by notification in the Official Gazette, specify in
this behalf, delivers to a creditor or his agent documents of title
to immovable property, with intent to create a security thereon,
the transaction is called a mortgage by deposit of title deeds.
To
create a valid mortgage by deposit of title deeds, there must be
a delivery of the title deeds relating to an immovable property
by the debtor to a creditor or his agent in a notified town with
the intention to create a security thereon.
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