Eng. Mortgage Deed

English Mortgage
De nition -Where the mortgagor binds himself to repay the M

money on a certain date, and transfers the mortgaged property
absolutely to the mortgagee, but subject to a proviso that he will
re-transfer it to the Mgagor upon payment of the mortgaged
money as agreed, the transaction is called an English mortgage.
Before the payment date the mortgagor has a legal interest in the land
and after the date he has the legal right of redemption. This right of
redemption remaining in the mortgagor is an estate in land
Essentials of an English Mortgage

(i) A loan is taken on the strength of the property by the mortgagor
from the mortgagee
There is an absolute transfer of this property in favour of the
mortgagee;
The transfer is subject to a provision or condition that the mortgagee
would return the property to the mortgagor upon repayment of the
loan by a certain date; and as the mortgage is executed.
For all practical purposes, he is the owner and the mortgagor has a
right in equity to redeem his property if he is able to repay the amount
on a certain date.
Under an English mortgage the mortgagee acquires a right to take
possession as soon as the mortgage is executed.
• Latchmiput Singh v Land Mortgage Bank, (1887) ILR 14 Cal

464; Rukmini Kanta v Baldeo Das, AIR 1925 Cal 77. If he
fails to repay the amount he would lose the right to redeem.
In an English mortgage, the mortgagee is empowered to take
a security and convert it in a sale.

fi

English Mortgage Dee
THIS MORTGAGE made the…… day of..………, 2007, BETWEEN 'AB' of, etc.
(hereinafter called the "Mortgagor") of the One Part, and 'CD' of, etc. (hereinafter
called the "Mortgagee") of the Other Part. WITNESSES
WHEREAS the Mortgagor is absolutely seized and possessed or is otherwise well

and suf ciently entitled to an absolute estate of inheritance or an estate equivalent
thereto free from encumbrances to the lands, hereditaments………… fully mentioned
and described in the Schedule hereto
AND
Whereas the Mortgagor having occasion to borrow Rs…………. approached the
Mortgagee which the Mortgagee has agreed to lend and advance on having
repayment thereof with interest at………….. per cent per annum and secured by a
conveyance by way of mortgage of the said property.
NOW THIS INDENTURE* WITNESSETH that in consideration of the sum of

Rs…………… this day paid to the said 'AB' by the said 'CD' (the receipt whereof the
said 'AB' hereby acknowledges), the Mortgagor hereby agrees with the covenant to
pay to the Mortgagee on the……………… day of………… the sum of Rs…………..
with interest thereon in the meantime at the rate of Rs………….. per cent per annum
computed from the date of this deed such interest to be paid monthly and every
month on the 15th of every current month.
NOW THIS INDENTURE* also witnesses that for the consideration aforesaid the
said 'AB' as the bene cial owner, do hereby grant, transfer convey unto and to the use
of the said 'CD' all that etc. (describe the property): TO HAVE AND TO HOLD the
same absolutely and for eve
*agreemen

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PROVIDED ALWAYS that if the Mortgagor shall pay or cause to be paid the sum of
Rs………….. with interest thereon, on the………….. day of………….., according
to the foregoing agreement in that behalf, the Mortgagee, his heirs, representatives or
assigns shall, at the request and costs of the Mortgagor, his heirs, representatives or
assigns, reconvey to him or them as he or they shall direct, the said property.
AND THAT the Mortgagor do hereby covenant unto the Mortgagee that the
Mortgagor has absolute title to the land, hereditaments, messages and premises
hereby granted and conveyed and that the Mortgagor has good right, full power,
absolute authority and indefeasible title to grant, convey, transfer, assign and assure
the same unto and to the use of the Mortgagee in the manner hereinbefore indicated
and further the Mortgagor and all persons having lawfully or equitably any estate or
interest in the same shall at all time hereafter during the continuance of the security
do execute or perform or cause to be done, executed and performed all such further or
other acts, deeds and things as may be reasonably required for further and more
perfectly assuring the same unto and in favour of the Mortgagee. Provided, however,
and it is further agreed by and between the parties that if the Mortgagor commits any
default in payment of the principal amount on the due date or any three instalments of
interest, whether they have been demanded or not it shall be lawful for the Mortgagee
to institute a suit for sale and to have a Receiver appointed over the mortgaged
property.
IN WITNESS WHEREOF the parties herein under have set their hands on the date
and year hereinabove mentioned in the presence of:
Sign
Sign
Witnesses: 1. 'AB'
Witnesses: 2. 'CD'
2
The Schedule above referred to Signed, sealed and delivered Memo of consideration.

Eng. Mortgage Deed

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English Mortgage

De nition -Where the mortgagor binds himself to repay the M

Essentials of an English Mortgage

• Latchmiput Singh v Land Mortgage Bank, (1887) ILR 14 Cal

English Mortgage Dee

WHEREAS the Mortgagor is absolutely seized and possessed or is otherwise well

NOW THIS INDENTURE* WITNESSETH that in consideration of the sum of

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