Kagaznama

Memorandum of Deposit of Title Deeds

At a glance

Price: Free
Stamp duty: Punjab: Entry 6, Schedule I-A (2024) covers this at 0.25% of the loan/debt. Chandigarh: neither the schedule nor the calculator prices it — ask the Sub-Registrar or adjudicate (s.31).
Registration: S.58(f), TPA 1882: a deposit mortgage needs delivery in a notified town with intent to secure; s.59 excludes registration.
Witnesses: Not required for a plain deposit record; a restructured mortgage needs its own formality.

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Also called

MODT
memorandum recording equitable mortgage
title deed deposit declaration
equitable mortgage declaration

When you need it

For when title deeds are delivered to the lender to create security and it wants a memorandum — or a declaration — recording that. Recognised by s.58(f), TPA 1882, distinct from a s.59 mortgage — risk: a memorandum meant as evidence gets drafted as the instrument itself.

States the deposit date/place, inventory, facility, charges, custody, and whether it's a record or operative terms. Punjab's 2024 Entry 6 amendment covers this at 0.25%; check Chandigarh's classification. Don't use if the town isn't notified, or a registered mortgage is needed instead.

Whether you can fill this in here

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You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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See stamp duty, registration and witnesses

What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

Punjab: Entry 6, Schedule I-A (2024) covers this at 0.25% of the loan/debt. Chandigarh: neither the schedule nor the calculator prices it — ask the Sub-Registrar or adjudicate (s.31). Stamp by signing (s.17); unstamped instruments are inadmissible until duty+penalty are paid (s.35).

Registration

S.58(f), TPA 1882: a deposit mortgage needs delivery in a notified town with intent to secure; s.59 excludes registration. A memorandum embodying the bargain itself, not just recording deposit, can trigger s.17 — check wording and local filing first.

Notarisation

Doesn't satisfy s.58(f), or any registration the wording triggers.

Witnesses

Not required for a plain deposit record; a restructured mortgage needs its own formality.

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Sample preview — placeholder answers, not your data

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MEMORANDUM OF DEPOSIT OF TITLE DEEDS

Memorandum date: 2 April 2026

RECITAL OF COMPLETED DEPOSIT

This memorandum records that Aarav Sharma, of Sector 21, Panchkula, delivered the title deeds described below to ABC Bank Ltd, Sector 17, Chandigarh, in connection with loan/facility reference HL-2026-118.

The deposit took place on 1 April 2026 at Chandigarh, ABC Bank Sector 17 branch. The intended legal character of this memorandum is: Record a title-deed deposit already completed with security intent.

PROPERTY TO WHICH THE DEEDS RELATE

The deposited deeds relate to Plot 118, Sector 66, SAS Nagar, Punjab (Residential house/plot), identified as Plot 118, Sector 66; conveyance deed 2345/2022., situated in Punjab.

The principal/facility amount stated for record is ₹90,00,000 (Rupees Ninety Lakh only). The obligations intended to be secured are: Repayment of sanctioned facility, agreed interest and contractually payable charges..

SCHEDULE OF DOCUMENTS DEPOSITED

The lender/depository record should identify each original actually delivered. The present inventory is: Original conveyance deed 2345/2022; allotment letter; mutation copy..

Ownership/title statement for this memorandum: Depositor represents the stated title documents relate to the mortgagor's interest. Current custody position: Lender retains deposited originals until discharge.

PRIOR SECURITY AND RANKING INFORMATION

Prior-security status disclosed at the time of this record: No prior security interest is disclosed to lender.

LIMITED PURPOSE OF THIS MEMORANDUM

This paper is intended to memorialise the identified deposit and document-custody facts. It does not certify title, expand the debt beyond Repayment of sanctioned facility, agreed interest and contractually payable charges., or create rights over property not represented by the deposited deeds.

ACKNOWLEDGMENT

______________________________
Signature
Depositor/mortgagor: Aarav Sharma
Place: ____________________
Date: 2 April 2026

LEGAL BASIS
In Punjab the holder of a site allotted by a development authority cannot transfer any right in it, a mortgage included, without the authority's previous permission (section 43(7) of the Punjab Regional and Town Planning and Development Act, 1995), and the authority gives that permission only to the allottee on its file. In Chandigarh a leasehold site needs the Estate Officer's permission to mortgage, a notified service under the Right to Service notification of 30 March 2026, and the Estate Office's checklist asks for an affidavit with it, which carries its own stamp duty. A mortgage by deposit of title deeds does not show in a Punjab Non-Encumbrance Certificate, which is why lenders also record the security in the Central Registry of Securitisation Asset Reconstruction and Security Interest of India.
PERSONAL DATA NOTICE

Questions about this document

Does the Memorandum of Deposit of Title Deeds need stamp paper or stamp duty in Punjab and Chandigarh?

Punjab: Entry 6, Schedule I-A (2024) covers this at 0.25% of the loan/debt. Chandigarh: neither the schedule nor the calculator prices it — ask the Sub-Registrar or adjudicate (s.31).

See the full position on stamp duty, registration and witnesses

Does the Memorandum of Deposit of Title Deeds need registration in Punjab and Chandigarh?

S.58(f), TPA 1882: a deposit mortgage needs delivery in a notified town with intent to secure; s.59 excludes registration.

See the full position on stamp duty, registration and witnesses

What does the Memorandum of Deposit of Title Deeds cost on Kagaznama?

Free.

Documents are free. Only kits are paid.

Does the Memorandum of Deposit of Title Deeds need witnesses?

Not required for a plain deposit record; a restructured mortgage needs its own formality.

See the full position on stamp duty, registration and witnesses

Often needed with this document

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