What was the practical difficulty?

Anywhere Registration allows eligible documents to be registered without visiting a Sub-Registrar’s office. But applicants were told to obtain a paid EC even though an EC could be accessed online for free. People raised concerns about this extra requirement, and the Registration Department has now changed the procedure.

What else has changed?

According to the report:

• Mortgage documents involving the deposit of title deeds can also be submitted through the Citizens’ Gateway.
• An EC need not be checked when registering a receipt document issued after a property loan is fully repaid.
• No extra holiday fee is required for registration through the no-visit process.
• A special authority document called “presentation power” cannot be used for this online process, as the document can be presented online from anywhere.

What should property buyers remember?

This change makes a registration requirement simpler. It does not make the property purchase or registration free. Buyers should still check the property’s ownership history, loans, approvals and other risks before paying for it. An EC is one part of that check; it is not a guarantee that the property has no problems.

Need Help With ‘Anywhere Registration’?

Still finding Anywhere Registration confusing or you do not have time to check every document and complete the online steps, let the Verified.RealEstate team help. We can review what is needed, help you prepare your documents, and guide you through the registration process with less hassle.

For background on which first-sale plots and apartments require online registration, read our guide to Tamil Nadu’s Anywhere Registration rules.

A mortgage without possession allows a property owner to offer a property as security for a loan while continuing to retain and use it. The lender receives a legal interest in the property, but physical possession is not transferred.

Tamil Nadu’s Presenceless Registration system allows eligible users to prepare and submit this mortgage deed online. The official user manual contains 27 pages covering the complete process.

1. Start the Online Application

Log in to the Tamil Nadu Registration Department portal using your username, password and captcha.

Go to:

Registration → Document Registration → Presenceless Registration

Select “Mortgage Without Possession”, read the prerequisites and click “Proceed.”

2. Link the Previous Property Document

The mortgage deed can be prepared either by linking an earlier registered document or by entering all the details manually.

To link a parent document, enter:

• Sub-Registrar Office
• Book number
• Document number
• Registration year
• Document type

If the document is available in the portal database, its party and property details are automatically displayed. Older records that have not been digitised may require manual entry.

Linking the correct parent document can reduce repeated data entry, but every copied detail must still be verified carefully.

3. Add the Mortgagor

The mortgagor is the person or organisation offering the property as security for the loan.

The portal permits three party types:

• Individual
• Company, firm or trust
• Government organisation

For an individual, enter the name, relationship details, Aadhaar information, complete address and contact details. Aadhaar is the default identification type.

For a company, firm or trust, the required information includes its name, TAN, address, contact details and email-delivery preference. Government organisations must provide their organisation name, address and contact details.

More than one mortgagor can be added. The application may be saved as a draft, and the same draft number will remain active until the index is created.

4. Add the Mortgagee Bank

The mortgagee is the bank or financial institution providing the loan.

Select the mortgagee bank from the portal’s “Government body” list and enter the required information.

If the mortgagee is also going to execute the deed, a representative must be appointed for the bank.

5. Add Representatives, Witnesses and Presenter

A representative may be added when a party is unavailable, is a minor or must legally act through another person.

Depending on the party type, the portal provides options such as:

• Special Power Agent
• General Power Agent
• Government Representative
• Company Representative
• Court-Appointed Curator
• Liquidator

Enter the representative’s identity proof, address, contact information and relationship details.

Two execution or identification witnesses must also be added using Aadhaar. The mortgagor is selected as the default presenter, but another eligible party may be chosen.

6. Enter or Copy the Property Details

The portal allows the following property types:

• Plot with building or individual house
• Vacant plot
• Flat
• Agricultural land
• Agricultural land with building
• Pathway
• Easement rights
• Special kind of building

When a previous document has been linked, select “Copy Property from Linked Document” and copy the relevant property. Otherwise, enter the property information manually.

The required information may include:

• Jurisdictional SRO and registration village
• Patta or other title number
• Survey number and subdivision
• Land classification
• Street details
• Total and mortgaged extent
• Market value
• Property boundaries
• Linear measurements
• Property remarks and items

A previous document number, Patta number or another accepted title number is mandatory. Multiple title or Patta numbers may be added where necessary.

7. Enter the Mortgage and Repayment Terms

Enter the mortgage amount and market value of the property.

Interest may be recorded either as a rate of interest or as a fixed interest amount. The portal also asks for the interest period and frequency of payment.

Repayment may be entered as:

• A fixed repayment period
• A specific repayment date
• Repayable on demand

If a repayment period is selected, enter the number of years, months and days.

The portal provides prefilled possession remarks, legal conditions and the reason for creating the mortgage. These terms must be read carefully. They may be edited, deleted or modified where necessary before confirmation.

8. Provide Supporting Details

If the mortgaged property contains a building, supporting information may include:

• TANGEDCO service details
• Metro Water details
• Property-tax details

The manual describes supporting-document upload at this stage as optional.

Enter the place of execution and select the relevant Sub-Registrar Office. Preview the document and verify the market value, system-calculated value, stamp duty, registration fee, computer fee and DW fee.

Click “Create Paperless Document.” The portal generates a Temporary Deed or TP number. Download and review the draft portal PDF.

9. Upload the Required Documents

Open “My Documents” and select “Upload Documents.”

Upload the required:

• Identification proofs
• Property image
• Reference documents

The upload screen permits a maximum attachment size of 50 MB and accepts only the file formats displayed on the portal.

Save the uploaded files and submit them only after checking that they open correctly and belong to the correct party or property.

10. Complete Photo and Aadhaar Biometric Verification

Return to:

Registration → Document Registration → My Documents

Select the mortgage document and click “Photo Biometric Capture.”

The listed parties must complete the required:

• Digital photograph
• Thumb or fingerprint capture
• Aadhaar validation

Important: Once Aadhaar validation is completed, the document cannot be changed. Therefore, names, property information, mortgage terms and uploaded records must be checked before biometric verification.

11. Pay and Submit the Mortgage Deed

After completing the uploads and biometric capture, print or download the portal document and check:

• All party details
• Property and survey information
• Mortgage and repayment terms
• Uploaded supporting documents
• Aadhaar-validated party details
• Stamp duty and registration charges

Click “Pay,” select the applicant type and complete the online payment.

After successful payment, the status changes to “Submitted Online.” The TP becomes non-editable and the document is sent to the Registration Department’s back office for processing.

Once the status changes to “Registered,” the registered mortgage deed can be downloaded from the portal.

Make the Online Registration Process Smoother

A mortgage deed involves property records, bank information, title documents, valuation, payment and biometric equipment. Even a small mismatch can delay submission or result in incorrect deed details.

Verified.RealEstate can assist buyers and property owners with document verification, property-record checks, banking coordination and the online registration process. Its experts can also support photo and biometric capture using the equipment required by the portal, helping the parties complete the transaction with fewer errors.

Final Checklist

Before submitting the mortgage deed, confirm that:

• The correct deed type is selected.
• The parent document belongs to the same property.
• Mortgagor and mortgagee details are accurate.
• Survey, Patta, extent and boundary details match the records.
• Mortgage amount, interest and repayment terms match the bank documents.
• Two witnesses have been added.
• All uploaded files are readable.
• The portal PDF has been checked before Aadhaar validation.
• Payment and registration status are confirmed.
• The registered deed is downloaded and safely stored.

A Mortgage with Possession Deed, known as “Anuboga Otti” or “Swadheena Adamanam” in Tamil, is a type of mortgage where the borrower (mortgagor) transfers possession of their property to the lender (mortgagee) as collateral for a loan. While the borrower retains ownership, the lender receives the right to enjoy the income generated from the property, such as rent or produce, until the loan is repaid. Let’s explore this concept in detail using a real-world example.

Example of Mortgage with Possession Deed: Mr. Kesavan’s Loan

In this scenario, Mr. K. Kesavan, a business owner in the production of tiles and earthenware, seeks to expand his business. To secure the necessary funds, he enters into a Mortgage with Possession agreement with Mr. P. Murugan, the lender.

Parties Involved in the Mortgage with Possession

• Mortgagor (Borrower): Mr. K. Kesavan, the property owner who pledges the property to secure a loan.
• Mortgagee (Lender): Mr. P. Murugan, who provides the loan and receives possession of the mortgaged property.

Purpose of the Loan

Mr. Kesavan requires a loan of ₹[Amount] to expand his tile and earthenware business. He agrees to pledge his property as security, transferring possession to Mr. Murugan, who will retain control of the property until the loan is fully repaid.

Transfer of Possession

As part of the mortgage agreement:

• Mr. Kesavan transfers possession of the property to Mr. Murugan.
• While Mr. Kesavan remains the legal owner, Mr. Murugan is entitled to collect any income generated from the property, such as rent or produce, until the loan is repaid.
• This arrangement allows Mr. Murugan to manage and benefit from the property without owning it.

Repayment Terms and Interest

• The loan term is 3 years, during which Mr. Kesavan must repay the full loan amount plus interest.
• Interest Rate: The interest is set at 15% per ₹100 of the loan.
• Income Usage: The income generated from the property is used to:
  1. Pay for taxes and maintenance of the property.
  2. Cover interest and principal repayment. Any remaining income will further reduce the loan balance.

Right to Redeem

The mortgagor (Mr. Kesavan) has the right to redeem the property at any time before the 3-year term ends. To do so, he must repay the full loan amount along with any outstanding interest. Once the loan is fully paid, the lender (Mr. Murugan) is obligated to return the property to Mr. Kesavan.

Assurance of No Encumbrances

Mr. Kesavan guarantees that the property is free from legal disputes and other encumbrances. This provides Mr. Murugan with the confidence that he can enjoy the property without any legal interruptions.

Use of Income from the Property

During the mortgage period, Mr. Murugan is entitled to the income generated by the property. This income will first be used to cover property taxes, maintenance costs, and other necessary expenses. Any surplus will be applied toward the loan repayment, reducing both the principal and interest owed.

Property Details in the Deed

The deed includes a detailed description of the mortgaged property, covering:

• Location: Full address of the property.
• Boundaries: Detailed boundaries to identify the property.
• Area Classification: Whether the property is within panchayat, municipality, or corporation limits.

Signatures and Witnesses

For the agreement to be legally binding:

• Both Mr. Kesavan (the mortgagor) and Mr. Murugan (the mortgagee) must sign the deed.
• The signing must take place in the presence of witnesses, ensuring the enforceability of the contract in legal proceedings.

Conclusion

A Mortgage with Possession Deed provides a practical solution for borrowers who need to secure a loan using their property but are willing to transfer possession to the lender. The lender benefits from the income generated by the property, while the borrower retains ownership rights and has the option to redeem the property by repaying the loan. Understanding the detailed terms of this type of mortgage is essential for both borrowers and lenders to avoid legal complications and ensure a smooth financial transaction.

If you’d prefer to have everything handled for you seamlessly, you can click  here and contact us at verified.realestate. Our team of experts is here to provide comprehensive support and ensure a smooth and secure property buying experience.

What is a Transfer of Mortgage Deed?

A Transfer of Mortgage Deed refers to the transfer of the rights of a mortgaged property from one mortgagee (lender) to another. This happens when the original mortgagee cannot continue managing the mortgage or decides to sell the rights to a third party.

1. Basic Definition

A Transfer of Mortgage Deed occurs when the original lender transfers the mortgage rights to another individual or institution, passing all responsibilities and entitlements to the new mortgagee.

2. Structure of the Deed

The deed will contain important details such as:

• The original date of the mortgage agreement.
• Names of the parties involved (mortgagor and mortgagee).
• The sum of money for which the mortgage was taken.
• Terms of repayment and interest.

3. Purpose

If the original lender is unable to manage the mortgage, they may choose to transfer the mortgage to another party, who will then take over all rights and responsibilities associated with it.

4. Terms and Conditions

The Transfer of Mortgage Deed ensures that the new lender (transferee) has the right to collect all future payments, including outstanding interest and principal from the borrower.

5. Legal Handover

Once the deed is executed, the original mortgagee signs over their rights to the new mortgagee, who assumes full responsibility. The original lender no longer has any claims or obligations toward the mortgaged property.

6. Final Settlement

After the transfer is complete, the new mortgagee will enforce the terms of the mortgage as per the original agreement. The borrower will continue making payments to the new mortgagee, and the original mortgagee is released from all responsibilities.

What is a Deed of Hypothecation?

A Deed of Hypothecation is a legal agreement where a borrower pledges movable assets as security for a loan, while retaining possession of the assets. It is commonly used in business loans to secure funds against assets like machinery, inventory, or equipment.

1. Purpose

The primary purpose of a Deed of Hypothecation is to allow businesses to obtain loans without transferring ownership of their movable assets. These assets act as collateral for the loan.

2. Movable Assets

Unlike a mortgage where immovable property (like land or buildings) is pledged, hypothecation involves movable assets such as:

• Machinery
• Inventory
• Equipment These assets remain in the borrower’s possession and are used in daily operations.

3. Legal Framework

Although the borrower retains ownership and control of the assets, the lender holds a “charge” over them. If the borrower defaults on the loan, the lender has the right to take possession of the assets and sell them to recover the loan amount.

4. Common in Business Loans

Deeds of Hypothecation are especially common in commercial and industrial loans where companies need financing to acquire equipment or stock but don’t want to surrender control of these assets.

5. Interest Rates and Repayment

Interest rates for loans backed by hypothecation are often higher than for traditional mortgages, reflecting the higher risk for the lender. The deed outlines the borrowed amount, interest rates, and the repayment schedule.

6. Insurance and Maintenance

The borrower must insure the hypothecated assets and maintain them in good condition, as they serve as the lender’s security. This ensures the lender’s collateral remains valuable throughout the loan period.

7. Repayment Terms

The deed stipulates the repayment terms, including regular payments of interest and principal. Borrowers must adhere to these terms, failing which the lender may take action.

8. Default Conditions

If the borrower defaults on their loan, the lender is entitled to take control of the hypothecated assets, sell them, and recover the outstanding loan amount. This provision is clearly stated in the deed and agreed to by the borrower at the time of signing.

Comparison of Transfer of Mortgage Deed and Deed of Hypothecation

• Nature of Asset: A Transfer of Mortgage Deed involves immovable property (real estate), while a Deed of Hypothecation deals with movable assets (machinery, inventory, etc.).
• Ownership: In a mortgage, the property may eventually be foreclosed in case of default, transferring ownership to the lender. In hypothecation, the borrower retains possession of the assets until they default.
• Purpose: The Transfer of Mortgage Deed involves transferring loan rights to a new lender, while a Deed of Hypothecation is used to secure a loan without losing operational control of movable assets.

Conclusion

Both Transfer of Mortgage Deed and Deed of Hypothecation play significant roles in property and business financing. While the former is essential for managing and transferring mortgage rights, the latter helps businesses secure loans without giving up control over their assets. Understanding these legal instruments ensures smooth financial transactions, safeguarding both lenders and borrowers.

If you’d prefer to have everything handled for you seamlessly, you can click  here and contact us at verified.realestate. Our team of experts is here to provide comprehensive support and ensure a smooth and secure property buying experience.