Publication Details


Md. Mosharaf Hosen Sarada Biswas

Revisiting the Process of Mortgage by Deposit of Title Deed in Bangladesh

Veterans Law Case Comments

Volume 9 Issue 1 December 2024

Abstract

Mortgage by deposit of title- deeds is a common and distinctive form of mortgage in Bangladesh. The legal framework related to this type of mortgage is not exhaustive, leading to challenges faced by both mortgagee and mortgagor. Although the documents of title deeds must be deposit in the town mentioned in section 58(f) of the Transfer of Property Act, 1882 it is not mandatory that property related with this mortgage should be situated in the mentioned town. A notable gap in existing laws is the absence of a mandatory registration process for all mortgagees involved in this type of mortgage. Notwithstanding it's popularity, there is a lack of research on the mortgage by deposit of title-deeds in Bangladesh. This thesis paper attempts to revisit the process of mortgage by deposit of title- deeds in Bangladesh, focusing on identifying the legal requirements necessary for creating such a mortgage. This paper also identifies the lacuna in existing laws. This paper finally gives some recommendations for mortgage by deposit of title deeds in Bangladesh. The methodology of this research is qualitative in nature with theoretical approach. Through a comprehensive review of relevant literature relating to this type of mortgage, this paper provides insight into revisiting the process of mortgage by deposit of title deeds in Bangladesh. Consequently, the paper suggests that the government should take the initiative to address this deficiency and implement a registration process for mortgage by deposit of title deeds, thus ensuring a more cogent legal framework for this form of mortgage in Bangladesh.