Banking · Types of Mortgages
Which of the following statements is factually correct regarding the distinction between an Equitable Mortgage and a Legal Mortgage in the Indian banking context?
- 1Equitable Mortgage requires a registered deed and high stamp duty, whereas Legal Mortgage only requires the deposit of title deeds.
- 2Equitable Mortgage is created by the mere deposit of original title deeds with the lender in notified towns, while Legal Mortgage involves the transfer of interest in the property through a registered instrument.✓
- 3There is no legal difference between the two; they are just different names for the same process.
- 4Equitable Mortgage can only be created for commercial properties, not residential.
Correct answer
Equitable Mortgage is created by the mere deposit of original title deeds with the lender in notified towns, while Legal Mortgage involves the transfer of interest in the property through a registered instrument.
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