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october 2013

Supreme Court of India · 2013-10-07

STATE OF HARYANA vs NAVIR SINGH

Citation / case number
SC 2008/19433
Court
Supreme Court of India
Petitioner
STATE OF HARYANA
Respondent
NAVIR SINGH
Author
KURIAN JOSEPH CHANDRAMAULI KR. PRASAD
Bench
KURIAN JOSEPH CHANDRAMAULI KR. PRASAD

Judgment text excerpt

The Supreme Court held that an equitable mortgage is created by the deposit of title-deeds without the necessity of a written instrument, as per Section 58(f) of the Transfer of Property Act. The Court affirmed the High Court's decision to allow mutation based on the mortgage despite objections regarding the compulsory registration under Section 17(1)(c) of the Registration Act. The Court clarified that the act of depositing title-deeds itself suffices to establish the mortgage, thus upholding the High Court's ruling.

STATE OF HARYANA vs NAVIR SINGH · Niyam