e-StampSub-Registrar
Section 17(1) of the Registration Act, 1908 makes registration compulsory for any non-testamentary instrument that creates, declares, assigns, limits or extinguishes a right, title or interest of ₹100 or more in immovable property. In 1908 that was a threshold; today it captures essentially every property transaction. Where a compulsorily registrable document is left unregistered, section 49 bars it from affecting the property or being received as evidence of the transaction.
The forms a mortgage can take
The Transfer of Property Act recognises several, and they differ in whether possession passes and how the security is enforced. A simple mortgage leaves possession with the mortgagor, who binds himself personally to repay and gives the mortgagee the right to have the property sold. A mortgage by conditional sale is expressed as a sale that becomes absolute on default. A usufructuary mortgage passes possession, with the mortgagee taking the rents and profits in place of interest. An English mortgage transfers the property absolutely with a covenant to retransfer on repayment.
Which form is used matters enormously to how the security is realised and how long that takes. It is not a labelling choice.
Most bank home loans create security by deposit of title deeds rather than by a registered mortgage deed. Where a memorandum is drawn recording that transaction, registration comes back into consideration. If a bank is asking you to sign a memorandum of deposit of title deeds, that is a different instrument from the deed on this page and should be read as such.
Release on repayment
When the loan is repaid, the charge does not disappear by itself. A deed of reconveyance or release (ગીરો મુક્તિ ખત) is executed and registered, and the entry is cleared. Owners discover an uncleared charge years later, usually while trying to sell. If you have repaid a loan and never obtained a release, deal with it now.
We do not publish duty figures on this website. The Gujarat Stamp Act, 1958 was amended in 2025 and several articles were restructured; a rate printed on a web page goes stale and costs somebody money. As a Government authorised e-Stamping centre we confirm the duty currently prescribed for your specific document and issue the e-stamp against it, at face value. The notarial fee is separate and capped by law — ₹35 to attest execution, ₹35 to administer an oath or take an affidavit, under Rule 10(1) of the Notaries Rules, 1956. The full fee table →
Drafted here, in Gujarati or English
Drafted by an advocate of 35+ years rather than filled into a downloaded template, e-stamped at a Government authorised centre, and notarised in the same visit. If the parties read Gujarati, the document is drafted in Gujarati — not translated out of an English form, because legal Gujarati has its own settled vocabulary and a literal translation frequently means something looser.
What to bring
- Title documents for the property
- 7/12 and 8-A extract, or the property card
- Photo ID for mortgagor and mortgagee
- The loan amount, rate, tenure and repayment terms
- Details of any existing charge on the property