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Under section 58(f) of the Transfer of Property Act, 1882, where must the title deeds be deposited with…

Section 58(f) requires delivery of documents of title to immovable property, with intent to create security, to the creditor or the creditor’s agent in a town named in the…

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Under section 58(f) of the Transfer of Property Act, 1882, where must the title deeds be deposited with the creditor or the creditor’s agent to create this kind of mortgage?

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Answer and explanation

Correct answer B

Section 58(f) requires delivery of documents of title to immovable property, with intent to create security, to the creditor or the creditor’s agent in a town named in the Act or notified by the State Government for this purpose.

Option feedback

Option A

Private agreement cannot replace section 58(f)’s requirement concerning the town of deposit.

Option B

Section 58(f) identifies certain towns and allows the State Government to notify others in the Official Gazette.

Option C

Section 58(f) makes the designated town and delivery to the creditor or agent relevant. It does not require the deposit to occur in the Sub-Registrar’s office.

Option D

The presence of witnesses does not satisfy the statutory requirement as to the town of deposit.

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