சொத்தின் சுவாதீனத்துடன் கூடிய மேலீடு கடன் பத்திரம்
The official guidance document titled சொத்தின் சுவாதீனத்துடன் கூடிய மேலீடு கடன் பத்திரம் is a Tamil form for creating a further mortgage with possession over property already covered by an earlier registered mortgage with possession. The supplied text does not identify the issuing department, an order number or a publication date.
What the document covers
The சொத்தின் சுவாதீனத்துடன் கூடிய மேலீடு கடன் பத்திரம் records a second advance secured on the same property that was previously placed under a registered mortgage with possession. It states that the original amount under the earlier mortgage remains separate, while the borrower receives another stated amount for family expenses and accepts it as a debt.
The form contains blank spaces for the date, parties, addresses, ages, identity card details, mobile numbers, loan amounts, repayment period, registration particulars and property description.
Who it affects
The சொத்தின் சுவாதீனத்துடன் கூடிய மேலீடு கடன் பத்திரம் directly concerns:
- The property owner or borrower creating the further mortgage.
- The lender in whose favour the earlier mortgage and further mortgage are made.
- The lender's heirs or authorised persons, who may receive repayment.
- The witnesses who sign the document.
- The property described in the schedule, which secures the mortgage amounts.
The form says the borrower obtained the property through a purchase document, has been paying government taxes and has been enjoying possession and ownership rights without creating the stated registered encumbrances before the earlier mortgage.
Key provisions
- An earlier mortgage with possession is identified by its date, term, amount, Sub-Registrar's Office and Book 1 document number.
- The original amount due under the earlier mortgage remains separate.
- A second amount is advanced against the same property as a further mortgage with possession.
- The borrower acknowledges receiving the further amount for family expenses and accepts that amount as a debt.
- The borrower agrees to repay the full mortgage amount within the period entered in the form.
- Repayment may be made to the lender, the lender's heirs or an authorised person.
- After repayment, the borrower may recover possession of the property.
- If repayment is not made, the lender may proceed against the borrower and the scheduled property.
- The borrower also agrees to action under sections 69 and 69A of the Transfer of Property Act and to recovery of the total amount together with related expenses.
- The property must be described in the property schedule, and two witness spaces are provided.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Is this form for the first mortgage on a property?
No. It records a further advance on the same property after an earlier mortgage with possession has already been registered.
Does the earlier mortgage amount become part of the second advance?
The form states that the original amount under the earlier mortgage remains separate. The additional amount received under the further mortgage is also acknowledged as a debt.
When can the borrower recover possession of the property?
The borrower agrees to repay the full mortgage amount within the period entered in the form and then recover possession from the lender, the lender's heirs or an authorised person.
What happens if the mortgage amount is not repaid?
The lender may take action against the borrower and the scheduled property. The form also permits action under sections 69 and 69A of the Transfer of Property Act and recovery of related expenses.
