MORTGAGE DEED
Mortgage Deed
Online in India
View Sample Mortgage Deed Format
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Expert assistance to ensure your mortgage deed is legally binding and accurately reflects the terms agreed between borrower and lender.
Customized support to meet specific property and loan conditions, ensuring clear, enforceable documentation.
Why Choose TMZON
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Easy Process
Just fill a quick form — we handle the rest, start to finish.
Secure & Private
Your data stays yours. Encrypted and protected every step.
Mortgage Deed in 3 Simple Steps
Share Mortgage Details
Submit the details of the mortgagor, mortgagee, and property to be mortgaged — we’ll guide you through it.
We Draft the Mortgage Deed
Our legal team prepares a detailed and compliant Mortgage Deed specific to your financial agreement.
Deed Registration Support
Get complete assistance with appointment booking and registering your deed at the local sub-registrar office.
Mortgage Deed Pricing
Secure your property transaction with a legally accurate and enforceable Mortgage Deed.
Key Features
- Prepared by Property Law Experts
- State-wise Compliant Format
- Delivery in 2–3 Days
- Registration Not Included
Key Features
- Drafting + Appointment Scheduling
- Stamp Duty Guidance
- Advocate Support On-Site
Mortgage Deed — Starting at ₹1499 Only!
Need a Mortgage Deed for property loans or secured lending? We help you draft and register it correctly.
Understanding Mortgage Deeds: An Overview
- A mortgage deed is a legal agreement where a borrower offers property as security for a loan from a lender.
- This deed outlines the loan amount, repayment terms, interest rate, and the lender’s right over the property in case of default.
Mortgage Deed Registration in India
- Registration is mandatory under the Indian Registration Act to ensure enforceability in court.
- The deed must be signed by both parties and registered at the local Sub-Registrar office.
Key Elements of a Mortgage Deed
- Parties Involved: Details of borrower (mortgagor) and lender (mortgagee).
- Loan Terms: Amount, interest rate, and repayment schedule.
- Property Details: Description and location of the mortgaged property.
- Default Clause: Conditions under which the lender can take possession.
- Signatures: Signatures of both parties and witnesses.
Tips for Drafting a Mortgage Deed
- Use precise legal language to avoid ambiguity.
- Mention all financial details and obligations clearly.
- Include timelines, penalties, and exit clauses if needed.
- Consult a legal expert to ensure enforceability.
Documents Needed for Mortgage Registration
- Identity proof and address proof of both parties.
- Title deed or ownership proof of the property.
- Loan agreement or sanction letter (if applicable).
- Photographs and PAN cards of the borrower and lender.
- Stamp paper and registration fee receipt.
Steps to Register a Mortgage Deed
- Step 1: Draft the deed with all required details.
- Step 2: Purchase appropriate stamp paper as per state laws.
- Step 3: Both parties visit the Sub-Registrar office with witnesses.
- Step 4: Submit documents, verify identity, and sign the deed.
- Step 5: Collect the registered deed once approved.
Eligibility for Mortgage Deed
- The borrower must be the legal owner of the property being mortgaged.
- Both parties should be legally competent and of sound mind.
- The lender must have the authority to accept and enforce the deed.
Types of Mortgages in India
- Simple Mortgage: Property is not handed over, but lender can sell it on default.
- Usufructuary Mortgage: Lender takes possession and uses property till repayment.
- English Mortgage: Ownership is transferred with a condition to return after repayment.
- Mortgage by Conditional Sale: Treated as sale unless loan is repaid.
- Equitable Mortgage: Created by depositing title deeds with the lender.
Pros and Cons of a Mortgage Deed
- Advantages:
- Provides access to large sums of credit against property.
- Legally binds both parties, protecting their rights.
- Registered deed can be used as valid proof in disputes.
- Disadvantages:
- Failure to repay may result in property loss.
- Registration involves fees and documentation.
Safeguarding Your Mortgage Deed
- Keep the original deed in a secure, fireproof location.
- Maintain digital backups in encrypted storage.
- Do not share copies unless required legally or officially.
- Verify details carefully before final registration.
Sale Deed vs Sale Agreement vs Gift Deed
A Sale Deed transfers ownership, a Sale Agreement outlines future terms, and a Gift Deed transfers property without consideration.
| Category | Sale Deed | Sale Agreement | Gift Deed |
|---|---|---|---|
| What’s Covered | Legal transfer of property ownership from seller to buyer. | Outlines terms and conditions for a future property sale. | Transfers property ownership as a gift without monetary consideration. |
| Ownership Transfer | Immediate transfer of ownership upon execution. | No transfer of ownership; it’s a promise for future sale. | Immediate transfer of ownership, but as a gift. |
| Registration Requirement | Mandatory for legal validity under the Registration Act, 1908. | Not mandatory but advisable for legal protection. | Mandatory for immovable property under the Registration Act, 1908. |
| Consideration | Involves monetary payment or consideration. | Involves monetary payment or consideration. | No monetary consideration; property is gifted. |
| Legal Protection | Provides strong legal protection and proof of ownership. | Offers limited protection as it’s not a transfer of ownership. | Provides legal protection but is irrevocable once registered. |
| Usage | Used for buying and selling property. | Used to outline terms before the final sale. | Used for transferring property as a gift, often among family members. |
Some common questions
were often asked
What is a mortgage deed, and why is it important?
A mortgage deed is a legal agreement in which a borrower pledges property as security for a loan. It helps protect the lender's interest and ensures legal clarity for both parties.
Is mortgage deed registration compulsory in India?
Yes, registering a mortgage deed is mandatory under the Registration Act, 1908, if the mortgage involves transferring interest in immovable property.
Can a mortgage deed be cancelled or modified?
Yes, a mortgage deed can be cancelled or modified through a registered release deed or modification deed, with mutual agreement between the lender and borrower.
Who prepares the mortgage deed?
Usually, the lender or a legal professional drafts the mortgage deed. It should clearly outline terms like loan amount, interest, repayment schedule, and rights of both parties.
What happens if the borrower defaults on repayment?
If the borrower defaults, the lender has the legal right to recover the loan amount by selling the mortgaged property through a court process or as per the deed terms.
How long does it take to register a mortgage deed?
Registration usually takes a few working days, depending on document readiness and the Sub-Registrar’s availability. Once done, a certified copy is provided.