- Whether simple mortgage must always be registered?
Core Legal Answer & Context: The requirement for registration of a simple mortgage is governed by Section 59 of the Transfer of Property Act, 1882. This section mandates that where the principal money secured by a mortgage is one hundred rupees or upwards, the mortgage (other than a mortgage by deposit of title deeds) can be effected only by a registered instrument. If the principal money secured is less than one hundred rupees, a mortgage may be effected either by a registered instrument or by delivery of the property. Therefore, a simple mortgage is not always required to be registered; the requirement depends on the value of the principal money secured.
Relevant Statutes and Sections: Transfer of Property Act, 1882, Section 59 (Mortgage when to be by assurance).
Important Landmark Cases: Not applicable for a direct statutory provision.
Clear Conclusion: A simple mortgage must be registered if the value of property is more than Rs. 100.