India: Charges, Mortgages, Indemnities

The significance of the Tribunal’s view lies in its recognition that a charge need not always arise from a contractual security document or formal registration. A charge may also arise by operation of law, and where the statute itself creates such charge, the absence of registration in repositories cannot defeat the underlying substantive right.

This article touches upon varying procedural formalities and stamp duty implications across States in India in relation to creation of equitable mortgage or charge on immoveable property, ...

The Supreme Court's judgment in the case, The Cosmos Co. Operative Bank vs. Central Bank of India & Ors, highlights important legal principles about the different kinds of mortgages in Indian Law.