Simple mortgage deed
Pledging property for a private loan without giving possession.
Opens Dastavo with this paper ready to fill, on this computer or in the app. No account needed.
iPhone and iPad: coming to the App Store · Android: coming to Google Play
Not yet reviewed by a lawyer. Check every line before it is signed.
How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
SIMPLE MORTGAGE DEED
This mortgage deed is made and executed at Amarnagar on 12 October 2026 by and between:
Kabir Sharma son of Shri Dev Sharma, aged about 44 years, resident of House No. 7, Basant Vihar, Amarnagar, Tehsil and District Amarnagar, Punjab (hereinafter called the "MORTGAGOR", which expression shall, unless repugnant to the context, include his heirs, legal representatives and assigns) of the FIRST PART.
AND
Vikram Singh son of Shri Harbans Singh, aged about 52 years, resident of House No. 45, Gulab Colony, Amarnagar, Tehsil and District Amarnagar, Punjab (hereinafter called the "MORTGAGEE", which expression shall, unless repugnant to the context, include his heirs, legal representatives and assigns) of the SECOND PART.
NOW THIS DEED WITNESSETH AND THE PARTIES HEREBY AGREE AS UNDER:
1.That the Mortgagor has today received a loan of ₹5,00,000 (Rupees Five Lakh only) from the Mortgagee, and agrees to repay it with simple interest at 12 per cent a year on or before 31-10-2028.
2.That as security for the loan and interest, the Mortgagor mortgages the property described in the schedule below (the "property") to the Mortgagee, without delivering possession.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- The original title deeds of the property, with the latest jamabandi (fard) and mutation or the municipal record
- Proof of the loan paid: the bank transfer record, or the cheque or draft details
- Both parties (or their attorneys), each with a photo identity proof, and the PAN card where the income-tax rules need it for the value
- Two passport-size photographs of each party (the office also takes a photograph and thumb impression)
- Two witnesses with photo identity proof, who sign the deed and identify the parties
Where to go
Signed by the mortgagor, attested by two witnesses, and registered at the Sub-Registrar's office where the property lies (s.59 Transfer of Property Act); both parties appear in person with identity proof.
Fee
Stamp duty follows the state's schedule for a mortgage, usually on the amount secured; the registration fee is extra. Ask the Sub-Registrar before buying the e-Stamp.
Good to know
- Present the deed for registration within four months of signing; later, only for a good reason, within four more months and on a fine.
- On repayment, get a written receipt or a deed of redemption, registered where needed, take back the title deeds, and have the charge removed from the record.
- A person who lends money as a business may need a licence under the state's money-lenders law; ask a lawyer.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Deeds and agreements carry stamp duty that depends on the state, the document and its value; some must be registered with the Sub-Registrar. Check the current duty and registration rules before printing on stamp paper.