Can a property be mortgaged without original sale deed

573 votes

the proof of the ownership through title documents need to be shown in order for the mortgage for its validity. in absence of original copy, the titleship needs to be confirmed through chain of documents available.

Advocate Palak Nenwani LawRato

829 votes

hi there!!
Your query is not complete as to which property and whether you want to mortgage or transfer.
In a situation, when you dont have a original sale deed, this means that you do not possess with yourself an actual title document which makes you an owner. However, you can retrieve the same from the records of the sub-registrar when it was registered. You must be having registration number of the sale deed with you.
for further please contact.

Advocate Monica Manchanda LawRato

902 votes

Property cannot be transferred without original sale deed. The transfer of property act 1882 says a mortgage is the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or a future debt or the performance of an engagement which may give rise to pecuniary liability.
You can contact me for detailed discussion. I will help you.

GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA

Advocate Gopal Verma LawRato

910 votes

Your quary do not reflect the details of property i.e. what kind of this property and where is it situated. However for mortgaging a property all the original documents are required including sale deed.
For any more quary please feel free to ask further.

Advocate Sunil Kumar LawRato