Loan Against Property · Question

What is a mortgage deed and what does registering it involve?

Short answer

A mortgage deed is the written agreement by which you transfer an interest in your property to the lender as security for a loan, while you keep ownership. It records the property, the loan, the lender's rights and the conditions for release. Registering it with the competent registering office, after paying the applicable stamp duty, makes the charge a matter of public record.

In more detail

The mortgage is a charge, not a sale. You continue to own and usually use the property, but you cannot freely sell it while the charge exists, and the lender can enforce the security under the agreement and applicable law if you default.

What the deed typically covers

Parties: the owner or owners creating the mortgage and the lender
The property: a precise description, including address, area and identifying details
The debt secured: the loan, interest, charges and any future dues the deed covers
Borrower promises: keeping the property insured, paying taxes, not selling or letting it without consent
Lender's rights: what happens on default and how the property can be recovered
Release: how the charge is lifted when the loan is repaid

What registration generally involves

The deed is drawn up, stamped as the law requires, and presented at the registering office by the parties, who usually appear with identity proof and witnesses. The office records it. Registration protects the lender against later claims from others and gives the borrower a clear record of the charge. The lender also files particulars of the charge in the relevant register, where applicable, and a company borrower may have additional filings.

Costs, such as stamp duty and registration fees, differ by state and by the nature of the deed, so ask for them upfront. Some lenders use a different method of creating a charge, covered in the glossary under equitable mortgage, which follows different formalities.

Read before you sign

Ask for the draft deed in advance, check names, area and property description against your title papers, and note the conditions on selling or leasing the property.

Key points

A mortgage deed gives the lender a charge over your property without transferring ownership.
It records the property, the secured debt, borrower promises and conditions for release.
Registration, after proper stamping, makes the charge public and protects the lender's priority.
Stamp duty and fees vary by state, so ask about them before the signing date.

Who this applies to

Borrowers about to sign loan documents against their property.
Co-owners who must also sign the deed.
Owners planning to sell or lease a property that is already mortgaged.

Last reviewed 3 October 2026

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