What is a Mortgage Deed?

Mortgage deeds are legal documents or instruments that pass over a property’s legal rights to the loan provider,
which they can exercise in case of a loan default. This document gives lenders the property rights to sell the
foreclosed property and recoup their defaulted loan amount to protect their interest.
The person who mortgages a property against a loan is termed a mortgagor, whereas the person or party who lends
a loan against the property is called a mortgagee. The mortgage deed contains all the loan terms and conditions
involved. Registration of the deed is essential to give it legal validity. For registration, both parties must sign the
deed, pay stamp duty, and at least two witnesses must attest to it.

Importance of a Mortgage Deed

After understanding the mortgage deed meaning, you should know that it is necessary when a property owner loans
money from a lending institution and transfers their property’s interest to the lender.
 First and foremost, it determines the parties involved in a loan deal, including the borrower and lender, known as
the mortgagor and mortgagee, respectively.
 The document enforces the lender's rights in court by ensuring that if the borrower defaults on the loan
repayment, they can sell the property to get their payment.
 The deed provides a thorough investigation of the property's title and interest, helping determine the property's
rightful owners.

Types of Mortgage Deeds

 Simple Mortgage Deed

The mortgagor pledges an immovable asset to obtain a loan. The mortgagee enjoys the right to sell the property
in case of a payment default.

 Usufructuary Mortgage Deed

The lender receives the property’s possession rights. They can earn via profit or rent without any personal
liabilities on the borrower.

 English Mortgage Deed

It establishes the borrower’s personal liability and gives the lender the property’s rights if successful payment
leads to recovery.

 Mortgage by Conditional Sale Deed

The borrower sells the property, but the sale will turn void if they repay the loan successfully.

 Mortgage by Title Deed Deposit

The borrower submits the property's title deed to the lender to avail of a mortgage loan against it.

 Anomalous Mortgage Deed

A mortgage loan that does not come under any of these types of mortgage deed options is an anomalous deed.

 Commercial Mortgage Deed

Entrepreneurs often use this deed to buy commercial properties like shops, office spaces, etc.
 Deed of Simple Mortgage

THIS DEED of Mortgage made the……….. day of………….. 2007, BETWEEN 'AB' of………….. etc. (hereinafter called "the
Mortgagor"), of the One Part and 'CD' of, etc. (hereinafter called the "Mortgagee"), of the Other Part.

WHEREAS the Mortgagor is absolutely seized and possessed of or otherwise is well and sufficiently entitled the property
intended to be hereby mortgaged which is free from all encumbrances and attachments.

AND WHEREAS the Mortgagee has agreed to lend and advance a sum of Rs.………….. to the Mortgagor at his request upon
having the repayment thereof, with interest at the rate hereunder stated and secured in the manner hereinafter expressed.

NOW THIS DEED WITNESSES, that in pursuance of the said agreement and in consideration of the sum of Rs. ………….. paid to
the Mortgagor with date.

AND THIS DEED FURTHER WITNESSETH that as a security for the repayment of the said loan with interest, the said 'AB' do
hereby charge, assure and mortgage, by way of simple mortgage

AND THE Mortgagor does hereby agree and covenant with the Mortgagee that he will pay or cause to be paid to the
Mortgagor the principal sum aforesaid, together with the interest then due, on or before the………….. day of………….. 2007,
without delay or default;

ND THE INDENTURE FURTHER WITNESSETH and it is hereby agreed and declared by and between the parties that in case the
said sum of Rs.………….. with interest thereon at the stipulated rate is not paid within the time and in the manner as aforesaid

AND THIS INDENTURE FURTHER WITNESSETH that the Mortgagor do hereby covenant with the Mortgagee that
notwithstanding any act, deed or thing here before done, executed, performed or suffered to the contrary, the Mortgagor has
good title, full power and absolute authority to charge, assure and mortgage the said property in the manner hereunder
effected and that the same is free from all encumbrances and attachments. The Schedule above referred to IN WITNESS
WHEREOF the parties herein under have set their hands on the day and year hereinabove mentioned.

Witnesses:

1.

MORTGAGOR

2.

MORTGAGEE

What is a Lease deed?

A Lease deed is an agreement entered into by the landlord and tenant to let out a commercial property for a
longer duration of time. According to Section 17(D) of the Registration Act 1908, writing a Lease deed is
mandatory. The deed must be printed on non-judicial stamp paper and can be registered at a sub-registrar
office (SRO) administering the leased-out property. Usually, two copies of the Lease deed are obtained and
both parties hold one of the original copies.

Lease deed format

A Lease deed should cover the following:

 Name and personal information of the parties

 Lease period
 Lease consideration covers the financial terms and the amount payable after every decided interval. It will also
mention the security deposit amount. This amount is returned to the tenant once the agreement terminates
 Notice period
 Exit clause as decided by both the parties
 Renewal terms
 Sub-letting clause as decided by the owner and agreed by the tenant

A Lease deed is prepared for leasing or renting commercial real estate. Signed by the lessor (owner) and lessee
(tenant) of a property, it is a legal document spelling out the terms and conditions under which the asset is to
be leased out. This document contains information about the lessor, lessee, lease tenure, and lease payments,
among others abided by both parties during the tenure. Commercial property is often provided by the owner
to a party for use in exchange for money. To develop a common ground, a legal document is prepared, and
signed by the owner or lessor and tenant or lessee of the property. This agreement is termed a Lease deed.
Here is what you need to know.

REGISTRATION OF DOCUMENTS

According to Section 23 of The Registration Act, 1908, all documents except a will have to be
presented for registration within 4 months from the date of execution. If a document is executed by
several persons at different times then that document has to be presented for registration and re-
registration within 4 months from the date of each execution (Section 24 of The Registration Act,
1908).

If due to any urgency or unavoidable accident, any executed document or a copy of decree or order is
not presented within 4 months but it is presented after its expiry will be accepted for registration
provided that 10 times the amount of registration fees is paid and delay in presentation does not
exceed 4 months.

Application for such a step has to be made to Sub-Registrar who will forward such application to the
Registrar to whom he is a subordinate (Section 25 of The Registration Act, 1908). If a document is
executed outside India by any or all of the parties and is presented after expiry 4 months then it will
be accepted for registration provided that it was executed and presented for registration within 4
months after its arrival to India (Section 26 of The Registration Act, 1908).

WHERE TO REGISTER?

In case of documents regarding immovable property, it shall be presented for registration in the office
of Sub-Registrar within whose district the property or part of it is located (Section 28 of The
Registration Act, 1908). In case of all other documents, they shall be presented:-

What is a confidentiality agreement?

A confidentiality agreement is a legally binding contract. If you disclose confidential information to another person
under a confidentiality agreement, they are required to keep that information secret and confidential, and not misuse
it.

The table below includes some examples of the types of confidential information that you can protect through a
confidentiality agreement, the consequences of not having a confidentiality agreement, and the advantages of a
confidentiality agreement to your business.
 Advantages to your business of
Typonfidential Consequences of disclosure without a confidentiality
having a confidentiality
information agreement
agreement

New product process, The novelty or newness of your innovation is Your innovation can be disclosed
process or invention destroyed, and you become ineligible to be granted a without risking the novelty or
(disclosed before you file patent newness of your innovation, so
a patent application) that you remain eligible for a
patent

New product, process or Novelty or newness is no longer at risk, nor is You remain eligible for a patent
invention (disclosed after ineligibility for a patent at risk, unless your patent even with your second
you file a patent application lapses and you intend to file a second later application
application) application. In relation to the second application,
novelty or newness may be destroyed and you may be
ineligible for the patent

New product, process or The person to whom you have made a disclosure may If this occurs, the confidentiality
invention (disclosed after become equipped to reverse engineer or even work agreement enables you to stop
the patent application around your innovation much earlier than otherwise. that reverse engineering or work
process has begun) Without a confidentiality agreement there may be little around, and because you can, it
you can do about this also deters this from occurring

New design to be applied The novelty or newness of your design may be Your design can be disclosed
to a product (disclosed destroyed, and you would become ineligible for a without risking the novelty of the
before you file a design registered design design, so that you remain
application) eligible for a registered design

Communicating trade If there are no confidentiality provisions in the Confidentiality provisions in an

secrets and know-how to employment agreement, the employee may be able to employment agreement prevent
employees use trade secrets and know-how for their own benefit, this from taking place
or for the benefit of their next employer, who may be
your competitor. It is possible that a civil action could
be brought against them, depending on the
circumstances

Communicating trade The contractors or consultants can use your The contractors or consultants
secrets and know-how to confidential information for their own benefit cannot do so
contractors or
consultants
Understanding What is a Sale Agreement for Property

Essentially, a sale agreement is a preliminary agreement between the buyer and the seller of
a property. It outlines the terms and conditions under which the property will be sold, and it
serves as a legally binding contract that safeguards the interests of both parties during the
transaction's intermediate stages.
However, this agreement between a buyer and seller of property does not refer to an
immediate transfer of ownership rights. So, the buyer does not develop a right or interest in
the property by simply signing such a house sale contract.
To help you understand real estate sales agreements better, here are the elements it
comprises:
• It occurs between two or more parties and is a buy or sell agreement for the future.
• A sale agreement format should specify the property's exact location, boundaries, and any
relevant details.
• Since it is a property purchase agreement, it should include the value, payment details of
the same, and how original documents have to be delivered upon the final payment.
• A real estate purchase and sale agreement confirms that the titles of the property are clear
and facilitates the execution of the sale deed agreement and registration. It’s also crucial to
get refunds if the title is found to be improper as it acts as proof of non-completion of sale.
• A sale agreement delineates a proper method of property delivery and can act as a remedy
if any legal issues arise.

What is a Sales Deed for Property?

A Sale Deed Agreement, also known as a Conveyance Deed or a Title Deed, sales deed
means the final and irrevocable legal document that transfers the property's ownership
from the seller to the buyer. It is the conclusive evidence of the property's sale and signifies
the completion of the transaction.
Do note that a transfer deed is drawn only when the contractual terms listed in the sale
agreement have been fulfilled. Additionally, a deed of sale of real property must be
registered at the registrar’s office as per the Registration Act, of 1908.
To better understand a sale deed in real estate, here are the elements it comprises of:
• A sale deed format includes the details of the parties involved and a description of the
property.
• It acts as a transfer of titles, rights, interests and claims of property.
• A sale deed draft contains the value of the consideration involved in the sale along with
other price details.
• Part of the sale deed information is a clause that remarks on the transfer of authority
concerning privileges, easements, and facilities, from the seller to the buyer.
• It also lists out the compensation the buyer will receive in case there is any loss arising out
of negligence to the property on the seller’s end.
Agreement of Sale vs Sale Deed; What is the Difference?
A sale agreement and a sale deed are two types of contracts for buying a house from an
owner. Here are the various points on which the two documents differ in terms of
residential real estate transactions:
Purpose
A flat purchase agreement acts as an implication that the property will be transferred in the
future. On the other hand, a sale deed of a flat is an indication that the property titles are to
be transferred immediately.
Risks
With a house sale agreement, a seller is to remain liable for any risks till the property is
transferred. However, once a sale deed for a house comes into effect, the risk is immediately
transferred to the buyer.
Contract
A home purchase agreement is a contract wherein the terms have not been implemented at
present. So, it is an executory contract. A sale deed for a house property is an executed
contract.
Violation
If you breach an agreement of sale, you may get involved in a suit for damages and for
terminating a contract. However, breaching an apartment sale deed can result in the filing of
a legal complaint along with an ask for monetary compensation as damages.
Contents
The Agreement of Sale includes terms, conditions, and contingencies, while the Sale Deed
includes property details, ownership transfer, and encumbrances.
Registration
While the norms concerning the registration of agreements of sale differ across states, it is
mandatory to register a sale deed.

Public notice

Public notice is information alerting citizens of government or government-related activities that may
cause a citizen to take action. Traditionally and effectively newspapers—that are intended for general
circulation, published regularly at short intervals, containing intelligence of current news of general
interest—have published public notices because newspapers spark the curiosity and are delivered to the
interested public.

Notice is given on behalf of my client Mr. MOHAMMED HANIF MOHAMMED ILIYAS QURESHI, that the property
as more particularly described in the schedule hereunder and situated at NASHEMAN HAIR CUTTING
SALOON, MSX 108, TATA NAGAR, NEAR SHRIRAM CLINIC, DEONAR, GOVANDI, MUMBAI 400043, Having
Survey Slip Number - 0606188, Ration Card Number - 439710, ADANI ELECTRICITY NO - 102615435, which
is held by my above client and he sold the said scheduled property to MR MOHAMMED HUSSAIN MOHD
RAZZAK SAYYED on 21/03/2022.

Therefore any person(s) having any claim in respect of the above referred properly or part thereof by way of sale,
exchange, mortgage,charge, gift, maintenance, inheritance, possession, lease, tenancy, sub tenancy, lien, license,
hypothecation, transfer of title or beneficial interest under any trust right of prescription or pre-emptionor under any
Agreement or other disposition or under any decree, order or Awardor otherwise claiming, howsoever, are hereby
requested to make the same known in writing together with supporting documents to the undersigned at their
office at 12, PLOT NO 46/L/A-1, SHIVAJI NAGAR, GOVANDI, MUMBAI 400043, within a period of 15 days (both
days inclusive)of the publication hereof failing which the claim of such person(s)will deemed to have been waived
and/or abandoned,

Dated this 30 day of MARCH, 2022.

Place : Mumbai
For ADV SHABANA SHAIKH

Advocate