Supreme Court of India · 2013-10-07
State Of Haryana & Ors vs Navir Singh & Anr
- Citation / case number
- AIR 2014 SUPREME COURT 339
- Court
- Supreme Court of India
- Petitioner
- State Of Haryana & Ors
- Respondent
- Navir Singh & Anr
- Author
- Chandramauli Kr. Prasad
- Bench
- Kurian Joseph, Chandramauli Kr. Prasad
Judgment text excerpt
The Supreme Court held that a mortgage by deposit of title-deeds, as per Section 58(f) of the Transfer of Property Act, does not require a written instrument or registration under Section 17(1)(c) of the Registration Act, 1908. The Court affirmed the High Court's decision that the act of depositing title-deeds with the bank suffices to create an equitable mortgage, thus allowing for mutation in the revenue records without the need for registration or payment of fees. The appeal was dismissed, upholding the High Court's order for mutation based on the equitable mortgage.