Generate a structured Mortgage by Conditional Sale instrument strictly aligned with Section 58(c) of the Transfer of Property Act, 1882 — incorporating the mandatory single-document proviso requiring the repurchase/redemption condition to appear inside the same deed.
Use our Mortgage by Conditional Sale generator to create an editable draft structured around Section 58(c) of Transfer of Property Act, 1882. Suitability depends on your facts and applicable law; have the draft reviewed by a qualified professional before signing or filing.
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Statutory & Practice Overview
Generate a structured Mortgage by Conditional Sale instrument strictly aligned with Section 58(c) of the Transfer of Property Act, 1882 — incorporating the mandatory single-document proviso requiring the repurchase/redemption condition to appear inside the same deed.
| Compliance Parameter | Statutory Position / Standard Requirement |
|---|---|
| Governing Provision | Section 58(c) & Proviso thereto (added by Act 20 of 1929), Section 59, & Section 67 of Transfer of Property Act, 1882 |
| Crucial Proviso Rule | CRITICAL: Under the proviso to Section 58(c), a transaction is deemed a Mortgage by Conditional Sale ONLY if the condition of repurchase/reconveyance is embodied IN THE SAME DOCUMENT purporting to effect the sale |
| Legal Remedy | Remedy on default is strictly a suit for FORECLOSURE under Section 67 TPA (not automatic ownership forfeiture without court decree) |
| Registration & Attestation | Compulsorily registrable u/s 59 TPA & s.17 Registration Act if loan >= Rs. 100, signed and attested by at least 2 witnesses |
| Stamp Duty Note | Assessed under State Stamp Act (often equivalent to Conveyance/Mortgage with possession rates depending on the state — verify state ready reckoner) |
Review the legal purpose of each operative clause before signing, certifying, or filing with the Registrar of Companies or Sub-Registrar.
Expressly embeds the repayment/redemption condition inside the very same instrument, preventing courts from recharacterising the transaction as an outright irrevocable sale.
Clarifies that the sale becomes void or reconveyance follows upon repayment by the stipulated date, while preserving equitable Section 60 / Section 67 judicial process.
Provides exact municipal/survey boundaries and two-witness execution blocks mandated by Section 59 of the Act.
Defines exact default triggers and limits enforcement to court-decreed foreclosure remedies consistent with Section 67 of the Transfer of Property Act, 1882.
Practical guidance on Indian statutory rules, format requirements, Word/PDF exports, and filing compliance for Mortgage by Conditional Sale.