Memorandum of deposit of title deeds (equitable mortgage)
The owner records handing the original title deeds to a bank or lender as security for a loan, with the list of deeds and the lender's receipt.
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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.
MEMORANDUM OF DEPOSIT OF TITLE DEEDS
I, Kabir Sharma son of Shri Dev Sharma, aged about 44 years, resident of House No. 7, Basant Vihar, Amarnagar, Tehsil and District Amarnagar, Punjab, record as follows:
1.That on 12-10-2026, at Amarnagar, I delivered to Amar Co-operative Bank Ltd., Main Branch, Amarnagar (the "Lender") the documents of title listed below, relating to the property described at the end of this memorandum (the "property"), with the intention of creating a security on the property by the deposit of those documents.
2.That the deposit is security for the repayment of the term loan of ₹15,00,000 (Rupees Fifteen Lakh only) sanctioned to me by the Lender under sanction letter No. ACB/MB/2026/0000 dated 05-10-2026, with interest, costs and other charges as agreed in the loan documents, and of any renewal or enhancement of the loan that I agree to in writing.
3.That the documents deposited are these:
| No. | Document (number and date) | Registered with | Original or copy |
|---|---|---|---|
| 1 | Sale deed No. 3105 dated 18-07-2014 in my favour | Sub-Registrar, Amarnagar | Original |
| 2 | Earlier sale deed No. 1187 dated 02-03-2001 in favour of the seller | Sub-Registrar, Amarnagar | Original |
| 3 | Mutation No. 4421 and the latest jamabandi (fard) | Tehsil, Amarnagar | Certified copy |
| 4 | Sanctioned building plan dated 10-01-2015 | Municipal Council, Amarnagar | Original |
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- All the original title deeds of the property (the latest sale or gift deed and the earlier chain), as the lender lists them
- The latest jamabandi (fard) and mutation, or the municipal or authority record of the property
- The latest property-tax receipt; for a plot allotted by an authority, its permission to mortgage if the authority requires one
- Identity proof and PAN card of the owner, and of the borrower if it is someone else
- The loan sanction letter
Where to go
At the lender's office (usually the bank branch): the owner hands over the originals in person and signs this memorandum, and the officer signs the receipt at the end.
Fee
Stamp duty on the memorandum is set by the state's stamp law, usually on the amount secured; the bank or the e-Stamp centre will tell you today's figure.
Good to know
- Get a list of the documents deposited, signed by the bank officer, and keep it safely.
- On full repayment, take back every original and a no-dues certificate, and have any charge noted in the revenue, registry or authority record removed.
- A memorandum that itself settles the terms of the mortgage may need registration, and some states ask the bank to file a notice of the mortgage with the Sub-Registrar; ask the lender's advocate.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
A memorandum of deposit of title deeds is charged under the state's stamp law, usually on the amount secured. Whether it must be registered depends on whether it records a deposit already made or is itself the bargain, and some states ask the lender to file a notice of the mortgage with the Sub-Registrar. Check with the lender's advocate and the Sub-Registrar.