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.
Which form of mortgage
The forms differ in whether possession passes and how the security is realised — a simple mortgage leaves possession with the mortgagor and gives a right to have the property sold; a mortgage by conditional sale is expressed as a sale becoming absolute on default; a usufructuary mortgage passes possession, the mortgagee taking rents and profits in place of interest. The choice materially affects enforcement and should be made deliberately.
Clearing the charge — the part everyone forgets
A deed of reconveyance or release (ગીરો મુક્તિ ખત) is executed by the lender and registered, and the entry is cleared from the record. Owners routinely discover an uncleared charge from a loan settled fifteen years ago — usually while a sale is in progress and a buyer is waiting. If you have repaid a loan and never obtained a release, deal with it now rather than under pressure.
Second charges and bank mortgages
A second charge is possible but generally requires the first mortgagee's consent, and the priority between them must be clear. Note also that most bank home loans create security by deposit of title deeds rather than by a registered mortgage deed; where a memorandum records that transaction, registration comes back into consideration. Bring whatever the bank has asked you to sign before you sign it.
We do not publish duty figures on this website.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 and the full chain of title
- 7/12 and 8-A extract, or the property card for urban property
- Mutation entries in the revenue record
- Photo ID and PAN for every party
- Details of every co-owner or heir with an interest
- Loan sanction letter and terms
- Details of any existing charge on the property