Get your Mortgage Deed drafted by expert advocates at just INR 2,999/- only.
Ebizfiling prepares legally compliant mortgage deeds to secure your property loan transactions.
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A Mortgage Deed is a legal document signed between a lender and a borrower, where the borrower transfers the property rights to the lender as security for a loan. It ensures that the lender has legal protection if the borrower fails to repay the loan amount.
In simple terms, a Mortgage Deed acts as a guarantee for the lender. The borrower retains possession of the property, but the lender holds ownership rights until the loan is repaid. Once the borrower clears all dues, the ownership rights are released back to them.
A Mortgage Deed can be executed by any individual or legal entity that owns property and wishes to use it as security for borrowing funds. It can be entered into by:
Individuals taking home or commercial property loans.
Business owners seeking loans by pledging company assets.
Builders or developers finance property construction.
Financial institutions, banks, or NBFCs offering mortgage-based lending.
Both parties; the lender and the borrower, must be legally capable of entering into a contract and must consent to the terms of the mortgage.
When applying for a home or commercial property loan.
While raising funds for business expansion using property security.
When refinancing or restructuring an existing loan.
During financial transactions involving property-based guarantees.
Registering the Mortgage Deed ensures that both parties are protected under the Transfer of Property Act, 1882.
At Ebizfiling, we assist in drafting, reviewing, and preparing legally valid Mortgage Deeds tailored to your loan agreement. Our legal experts ensure that the terms protect the interests of both the lender and borrower while complying with Indian property and lending laws. Along with this service, we also offer Specific Power of attorney, Mortgage Deed, Foreign Collaboration Agreement and Agreement to Sell Business.
For assistance, contact Ebizfiling at 09643203209 or email info@ebizfiling.com or Ebizfiling to explore related services like memorandum of understanding, Gift Deed, and Vendors Agreement.
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A registered Mortgage Deed is legally recognized and ensures the transaction is enforceable in a court of law.
It protects the lender by giving them legal rights over the property until the borrower clears the entire loan amount.
The deed clearly defines repayment terms and prevents the lender from misusing ownership rights of the property.
It records all loan details and terms in writing, avoiding any misunderstanding between the lender and borrower.
Registration provides an official record of the loan arrangement, ensuring clarity for both parties.
In case of default, the lender can take legal action or recover dues using the registered Mortgage Deed.
A registered document increases trust between the parties and strengthens the borrower’s financial reputation.
Once registered, the deed becomes part of public records and serves as lifelong evidence of the mortgage agreement.
Identity proof of lender and borrower (PAN card, Aadhaar card, or Passport)
Address proof of both parties (Electricity bill, Voter ID, or Driving license)
Original property documents or title deed of the mortgaged property
Latest property tax receipt or utility bill for address verification
Loan sanction letter or loan agreement (if applicable)
Photographs of the lender and borrower
Proof of property valuation or recent valuation report
NOC from housing society or previous lender, if any
Draft terms and repayment schedule agreed by both parties
Details of witnesses with their identity proofs for registration
A Mortgage Deed gives the lender a legal right over the borrower’s property until the loan is fully repaid, ensuring complete financial security.
It clearly records the terms of the loan, repayment conditions, and property details, reducing the chances of misunderstandings or disputes.
The deed safeguards the interests of both lender and borrower by defining rights, responsibilities, and procedures in case of default.
Once registered, a Mortgage Deed becomes legally binding and can be enforced under the Transfer of Property Act, 1882.
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A Mortgage Deed is a legal document that transfers interest in a property from the borrower to the lender as security for a loan. It ensures the lender’s right over the property until the loan is fully repaid.
Yes, a Mortgage Deed is mandatory whenever a loan is secured by immovable property, as it serves as the legal proof of the lender’s charge over the property.
The two main parties are the mortgagor (borrower) and the mortgagee (lender). Both must be legally competent to enter into a contract.
Yes, registration is compulsory under the Registration Act, 1908. Without registration, the deed has no legal validity or enforceability.
Mortgage Deeds are governed by the Transfer of Property Act, 1882 and the Registration Act, 1908.
Common types include simple mortgage, usufructuary mortgage, English mortgage, mortgage by conditional sale, and equitable mortgage.
Identity proofs, property papers, loan sanction letter, photographs, NOC (if applicable), and proof of payment of stamp duty are required.
A Mortgage Deed is registered at the Sub-Registrar’s Office within whose jurisdiction the property is located.
The deed is usually drafted by a legal expert or advocate to ensure all clauses meet the legal requirements and protect both parties’ interests.
No, a Mortgage Deed applies only to immovable property such as land, buildings, or flats. Movable assets are secured through hypothecation or pledge.
If the borrower defaults, the lender has the legal right to take possession or sell the mortgaged property to recover the loan amount.
Yes, after full repayment of the loan, the lender must issue a Deed of Release or Satisfaction of Mortgage to cancel the mortgage legally.
Yes, stamp duty is mandatory and varies from state to state. It must be paid before registration to make the deed legally valid.
Some states offer partial online registration, but physical presence at the Sub-Registrar’s Office is generally required for final registration.
Yes, any change in loan amount, repayment period, or terms can be made through a Supplementary Deed with mutual consent.
The borrower cannot sell or transfer the property without the lender’s written consent until the loan is repaid and the mortgage is released.
A Sale Deed transfers full ownership permanently, while a Mortgage Deed transfers ownership conditionally as security for repayment of a loan.
The process usually takes 3 to 5 working days, depending on document readiness and appointment availability at the Sub-Registrar’s Office.
Yes, Ebizfiling helps in drafting, reviewing, and registering Mortgage Deeds, including guidance on stamp duty, documentation, and compliance.
Ebizfiling ensures your Mortgage Deed is legally valid, professionally drafted, and compliant with Indian property laws, giving both lender and borrower complete legal protection.
Get your Mortgage Deed drafted by expert advocates at just INR 2,999/- only.
Ebizfiling prepares legally compliant mortgage deeds to secure your property loan transactions.
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