Kumar Bhardwaj

Oct 19, 2023 | barandbench.com | Amit Prakash |Kumar Bhardwaj

In the case of english mortgages, registration is mandatory to establish lenders’ legal right to the security and protection of their interest in case of a default by the borrower under the financing documents. Section 59 of TPA provides that any mortgage, except mortgage by deposit of title deeds, where the principal amount secured is above rupees one hundred shall be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses.