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.