official guidance

மேல் ஈடு கடன் பத்திரம் (Further Charge)

The Registration Department, Government of Tamil Nadu, issued this Tamil form for a further charge mortgage deed, under which a borrower obtains an additional loan against property already covered by an earlier registered mortgage. The form keeps the earlier principal and interest separate, creates a further charge for the new amount, and states that possession of the property is not transferred.

Category
Registration and stamp duty
Pages
2
Status
In force
Open the source document The official copy, as published. Opens in a new tab.
Source document Preview loads as you scroll

What the document covers

The Registration Department, Government of Tamil Nadu, provides the மேல் ஈடு கடன் பத்திரம் (Further Charge) as a deed format for an additional loan secured on property that is already mortgaged to the same lender. It records the borrower, lender, property, earlier registered mortgage and additional amount advanced.

The form states that the borrower originally acquired the property through a registered purchase document, has paid government taxes and has continued to possess and enjoy the property. It also records that an earlier mortgage was created for family expenses and registered in Book 1 at the relevant Sub-Registrar Office.

How the further charge works

The Further Charge deed keeps the principal and accrued interest under the earlier mortgage separate. It then creates an additional charge over the same property for a second amount received by the borrower for family expenses.

Key terms to be completed in the form include:

  • Names, addresses, ages, identity details and mobile numbers of the parties.
  • Details of the earlier mortgage, including its amount, interest, term, date and registration particulars.
  • The additional loan amount secured by the further charge.
  • The interest payable on the additional amount.
  • The monthly payment deadline.
  • A full description of the mortgaged property.

Repayment and enforcement

The Further Charge deed requires the borrower to pay interest every month to the lender, the lender's heirs or an authorised person within the agreed period. If the borrower does not pay the principal and interest, the form permits the lender to take appropriate action against the borrower and the property.

The deed also records the borrower's consent to action under sections 69 and 69A of the Transfer of Property Act. Enforcement expenses may be added to the total amount recoverable from the borrower.

Possession and signing

The Further Charge deed expressly states that possession of the property is not handed over through the document. The borrower remains in possession, although the same property secures the additional borrowing.

The form is to be signed voluntarily by the borrower in the presence of witnesses. Property owners and lenders should ensure that the earlier mortgage details, further loan terms, payment obligations and property description are completed accurately.

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

Does a further charge deed transfer possession of my property to the lender?

No. The form expressly states that possession of the property is not transferred through the deed.

Can the same property secure an additional loan?

Yes. The form creates a further charge over the same property that is already covered by an earlier registered mortgage.

Does the additional loan replace the earlier mortgage amount?

No. The form states that the principal and accrued interest under the earlier mortgage remain separate from the amount advanced under the further charge.

What can the lender do if the borrower does not repay?

The form allows the lender to take appropriate action against the borrower and the mortgaged property, including action under sections 69 and 69A of the Transfer of Property Act, and to recover enforcement expenses with the total amount due.