Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer of Property Act Charges |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Transfer of Property Act, 1882:s.100 r!w s.59 - Charges - Undertaking given againstloan that properties mentioned therein shall not be disposedof during the currency of the loan - Documents not registered- Held: A conjoint reading of s.100 with s.59 makes it clearthat if by act of parties, any immovable property is madesecurity for the payment of money to another and it does notamount to mortgage, then all the provisions which apply to asimple mortgage, as far as may be, apply to such charge -Consequently, in view of s. 59, when there is a mortgage otherthan a mortgage by deposit of title deeds, it can be effectedonly by a registered instrument - The mere undertaking thatthe party will not dispose of the properties mentioned in thesaid undertaking, during the currency of the loan, will notcreate any charge over those properties, unless charge iscreated by deposit of title deeds or through a registereddocument - A mere undertaking to create a mortgage is notsufficient to create an interest in an immovable property -In the instant case, no registered mortgage deed wasexecuted by the first respondent and no title deed of theproperty was handed over by him to Corporation - Therefore,there is no error in the judgement of first appellate court asaffirmed by High Court that the loan taken by first respondentwas not subject to charge over the property covered by thedecree in favour of second respondent. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 835 |
Petitioner | Haryana Financial Corporation |
Respondent | Gurcharan Singh & Anr. |
SCR | [2013] 12 S.C.R. 832 |
Judgement Date | 2013-12-13 |
Case Number | 11028 |
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