Mortgage Deed
This is a legal document that gives a mortgage a loan or security interest in a piece of mortgaged property. When a person wishes to keep his property as security, he can draw up a mortgage deed for the same. Unsure how to do this? Let the team at Legal Conclave help you draw up papers and keep your property as mortgage.
Frequently Asked Questions
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Q. What are the formalities for registering a gift deed? Open or Close
The donor on requisite stamp paper should sign the deed. It should be attested by at least two witnesses; the donee should accept the gift.
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Q. Does gift of movable property require registration?Open or Close
Gift of movable property, may or may not be registered. But delivery of the property and acceptance of it are essential.
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Q. If I give someone a Power of Attorney, does that mean I don't have control over my money any more?Open or Close
No. When you give someone a Power of Attorney, you still have the right to control your money and property. However, you are giving your agent the ability to access your money. Your agent is not supposed to take or use your money without your permission, but there is a risk that a dishonest or unscrupulous agent might steal your money. It is therefore very important to choose an agent you trust. You should go over the agent's duties before you sign your power of attorney.
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Q. What do you mean by release deed? Open or Close
A legal document that removes a previous claim or lien on an asset. A deed ofrelease is usually issued once a mortgage or other type of debt, previously secured against the asset, has been paid in full.
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Q. Who can execute a Will? Are there any other conditions? Open or Close
Any person above the age of 18 years and mentally sound may execute Will, but a Will caused by fraud or coercion or by importunately will not be valid and can be examined by a competent civil court. Therefore a Will must be executed voluntarily.
Parents or guardians cannot execute Will on behalf of minors or lunatic children.
A Will must be attested by minimum two witnesses is necessary.
A Scribe (deed writer / advocate) cannot be called witness because they have signed the Will in column of drafted by. Thus, two independent attesting witnesses other than the scribe are necessary.
Beneficiary under a Will should not sign as attesting witness. In order to avoid disputes in implementation of a Will, description of property and the name of the beneficiaries should be clearly written so that there is no room for doubt.