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BankingLegal Dictionary

Equitable Mortgage

Transfer of Property Act, 1882 — Section 58(f)

Definition

Also called "mortgage by deposit of title deeds" under Section 58(f) of the Transfer of Property Act, 1882. Created by depositing original title deeds of property with a bank in a notified town, with the intention of creating a security interest. No formal written deed or registration is required — the deposit itself creates the mortgage. Widely used by banks for quick security creation.

Related Terms
Mortgage
A transfer of interest in immovable property as security for the repayment of money. The Transfer of
Security Interest
A right, title, or interest of any kind upon property created in favour of a secured creditor as a s
Title Deeds
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Need Expert Advice on Equitable Mortgage?

For specific advice on how Equitable Mortgage applies to your debt recovery matter, consult Advocate Subodh Bajpai — LLM, MBA (XLRI Jamshedpur). 25+ years of exclusive banking and debt recovery practice across DRT, SARFAESI, IBC, and NI Act.

Defined by Advocate Subodh Bajpai, Senior Partner, Unified Chambers and Associates

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