Does the mortgagee need to sign the mortgage deed when registering it at the sub-registrar’s office in India? I understand that this might not be required based on Section 59 of the Transfer of Property Act and Section 32 of the Registration Act 1908. Could you provide specific case law and relevant sections to help me understand this better?
While Section 59 of the Transfer of Property Act and Section 32 of the Registration Act, 1908, do not explicitly mandate the mortgagee's signature for registration, the Supreme Court in the case of **Smt. Savitri Devi v. Smt. Kamala Devi, AIR 1983 SC 118** held that **the mortgagee's presence and signature are not essential for registration**. However, the mortgagor must be present and sign the deed, and the registration officer must be satisfied with the identity of the parties.
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