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Can a mortgagee be treated as an allottee under the Act?
Q: The definition of an allottee includes not only a transferee by sale but also by another transfer whatsoever. Which would include a mortgagee too. So can a mortgagee have the same rights as an allottee?
HI, It is worth pointing out that there was a time that the owner of property could sell property and freely transfer the mortgage to the new owner. Due to the modernization of the credit market, lenders want to know who owes them money. Since the new owner might not be as creditworthy as the original owner or mortgagor, lenders now insert a due on sale clause. This clause requires that a mortgage be paid off when the underlying property is sold. Nowadays, the seller sometimes finances some of the buyer needs and sometimes a relative or friend might give the buyer a second loan on top of the bank loan. Otherwise, the mortgagee is always a financial institution. So, a mortgagee can not be a allottee. But if you unable to pay pay the dues then mortgagee has the rights to sell your property.
No, An allottee can not create an equitable mortgage by the simple deposit of the allotment letters, as the allotment letters or transfer letters are not title documents. Creation of security in favour of financial institution is concerned it can be created through a registered document i.e. the mortgage deed.