A memorandum is prepared in connection with a mortgage by deposit of title deeds. Assuming the mortgage…
Registration turns on whether the writing itself creates the mortgage interest. A memorandum that merely records an independently completed deposit transaction does not…
Choose your answer
A memorandum is prepared in connection with a mortgage by deposit of title deeds. Assuming the mortgage interest is worth at least ₹100, which fact makes the memorandum compulsorily registrable under the central rule in section 17(1)(b) of the Registration Act, 1908?
Answer and explanation
Correct answer B
Registration turns on whether the writing itself creates the mortgage interest. A memorandum that merely records an independently completed deposit transaction does not require registration on that ground alone.
Option feedback
Option A
A record of an earlier completed transaction does not itself create the mortgage interest.
Option B
An instrument that itself creates the requisite immovable-property interest falls under section 17(1)(b).
Option C
A retained part of the advance does not determine whether this writing is the operative instrument.
Option D
Section 58(f) concerns the place of delivery of title documents, rather than the location of the property or the legal operation of the memorandum.
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Kerala Judicial Services